To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

NORTH CAROLINA
REGISTER
VOLUME 12
-_|
' ISSUE 18 • Pages 1692
March 16, 1998
IN THIS^
Voting Rights^
Athletic Trainer'^amilf&sr^oard of
Environment andv^attoral Resources
Health and Human Services
Justice
Transportation
Rules Review Commission
Contested Case Decisions
PUBLISHED BY
The Office ofAdministrative Hearings
Rules Division
PO Drawer 27447
Raleigh, NC 27611-7447
Telephone (919) 733-2678
Fax (919) 733-3462
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1. 13
For those persons that have questions or concerns regarding the Administrative Procedure Act or any of
components, consult with the agencies below. The bolded headings are typical issues which the giv
agency can address, but are not inclusive.
Rule Notices. Filings. Register. Deadlines. Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
Capehart-Crocker House (919)733-2678
424 North Blount Street (919) 733-3462 FAX
Raleigh, North Carolina 27601-2817
contact: Molly Masich, Director APA Services
Ruby Creech, Publications Coordinator
Fiscal Notes «& Economic Analysis
Office of State Budget and Management
1 1 6 West Jones Street
Raleigh, North Carolina 27603-8005
contact: Mark Sisak, Economist III
Anna Tefft, Economist II
Rule Review and Legal Issues
Rules Review Commission
1307 Glenwood Ave., Suite 159
Raleigh, North Carolina 27605
contact: Joe DeLuca Jr., Staff Director Counsel
Bobby Bryan, Staff Attorney
mmasich@oah.state. nc. us
rcreech(2)oah. state. nc. us
(919)733-7061
(919) 733-0640 FAX
msisak@osbm.state. nc. us
atefft@osbm. state.nc.us
(919)733-2721
(919) 733-9415 FAX
Legislative Process Conceming Rule Making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 276 1
1
(9 1 9) 7 1 5-5460 FAX
contact: Mary Shuping, Staff Liaison marys@ms.ncga.state.nc.us
County and Municipality Government Questions or Notification
NC Association of County Commissioners
2 1 5 North Dawson Street (919)71 5-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn or Rebecca Troutman
NC League of Municipalities
2 1 5 North Dawson Street
Raleigh. North Carolina 27603
contact: Paula Thomas
(919)715-4000
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13
NORTH CAROLINA IN THIS ISSUE
I. IN ADDITION
Voting Rights Letters 1692 - 1693
II. RULE-MAKING PROCEEDINGS
Environment and Natural Resources
Wildlife Resources Commission 1694
Health and Human Services
Medical Assistance 1694
Transportation
Highways, Division of 1694
Motor Vehicles, Division of 1695
1695
Volume 12, Issue 18
Pages 1692 - 1748
III. PROPOSED RULES
Health and Human Services
Medical Assistance 1696 - 1702
March 16, 1998
This issue contains documents officially filed
through February 23, 1998.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PC Drawer 27447
Raleigh, NC 2761 1-7447
(919) 733-2678
FAX (919) 733-3462
Julian Maim III, Director
Bradley Buie, Acting Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Jean Shirley, Editorial Assistant
Linda Richardson, Editorial Assistant
IV. TEMPORARY RULES
Environment and Natural Resources
Health Services, Commission for 1713 - 1714
Health and Human Services
Department of Health and Human Services . . . 1703
Justice
Sheriffs' Standards Commission 1703 - 1713
Licensing Boards
Athletic Trainer Examiners, Board of 1714 - 1716
Athletic Trainer Exam/Medical Bd Comm .... 1716
V. RULES REVIEW COMMISSION 1717 - 1729
VI. CONTESTED CASE DECISIONS
Index to AU Decisions 1730 - 1741
Text of Selected Decisions
97 OSP 0221 1742 - 1747
VII. CUMULATIVE INDEX 0001 - 0085
The North Carolina Register is published semi-monthly for $195 per year by the Office of Admmistrive Hearmgs, 424 North Blount Street, Raleigh,
NC 27601. Application to mail at Periodicals Rates is pending at Raleigh. NC. NC POSTMASTER: Send Address changes to the OMMNorth
Carolina Register, PO Drawer 27447, Raleigh, NC 2761 1-7447.
I
Bi
H
o .a: 8^
< § z t^ I7
< is 5
O * 3
X ft. 3
H 3
Bi
•
>>
£ 4*
«M -<-> oo oo oo oo oo oo OO oo oo OO ON ON ON
B UJ n CT; 0^ a- ^ o- ?1 O^ 0^ CT. 0^ ^ g- ON gN
9: 9!
ON o. ON g-
S"° oo ^ s :::; i oo i 5: rj S r^ r^ o io
1^
3 a C?
fl r-i m rj rj rn tN
5 1
-f io i?l £; O r^ oo o6 S ^ o o ri n ^ O o O o o o o o o o o o o
S- r- f^l
^^^^ ^*^^ ^" ^" ^^ ^^ ^^ ^^ ^^ ^" ^"
>. L.
^"
n !fl •^5
o ox
= "
g
•2 5 -i
30 oo 00 oo oo oo oo oo OC OC ON O^ On ON ON ON ON ON
CT^ o- cr o 0^ o o a- gv
s: 9: 9: ON ON On
9^ g- ^ 9; 9;
r^ r^ r^ r~ r^ r- r- r-r)
rj ri r) ri
u •a S ^ If-, ir> U-i lO *n in in m in m
7i i> ^ O o O o o o o o o o o O o o o O O o O
a.
1
_ Of
'i
c o
CJ *-
. c
= s
1 2 1 § 1
^ ^ ^ r- ^ r- oo oo oo oo 00 00 OC 00 oo oo oo 00 oo oo
a- CTv a^ ^ ^ ^ CT> ^ CT- ? CT- g; o* ^ ON 5 s^ 9;
gN
9; o 5 o o r5 ^1 s o o o O o o o o o i^ ri o o
s rj r-i <N rj ri r-i r-i ri r4 -^ o ri r^ f^ r-^ f ^ m, NO NO r- r-i
~ ~ ~" O o o o O O o o O O o o o o
3 tS
J= «
3
o 3 p u
r^ r^ r~ r- f^ r- oo oo oo oo OO OO 00 oo OO OC oo oo OC 00
CT; a ^ Ov ^ a- ^ o 2; g; 9^ 5: ON
9: 9; g- ?:
gN Os gN
n O ^5 ^ r5 o i^ r^ so p^ p- in in o ^
"-I — o o o 9 g g m
c ? ?j -t -T m i?i i3 i -C r^
. E
— — ~ ~ "" — o — o o o o o o — 3 o o o
5U-is
^^^^^^^^^^^^^M ^^^^^^ ^^^^^^ ^^^^^^ ^^^^^B ^^^^^H ^^^^^^ ^^^^^^ ^^^^^^ ^^^^^^ ^^^^^^ ^I^^^H^
H ^
U ® Ill O •< ^ = is 3C OC oo OO OC oo oo OC oo 00 oo OC oo 00 O' ON O- ON o- ON
1-^ " 3^ !? 3- 3^ O o- a-' o^ cy. g; g; o g; O- g; g; g; o- o- g;
ji = r- r^ r— r^ r^ r-
;j = y DC *- L. rJ ri ^
ill r- 3 o.
J
w;^ vn «-i V-. U-1 •a m m, m m «n m
Si O — ^ o -^ ^ o o o o o o o o o o O
Z 1. U
0) 1
"5-
o o _
§
1 s 1 i 5
^ ^ ^ ^ ^ ^ ^ ^ 00 oo oo oo oo oo 00 oo oo oo oo oo
< ^ o- CT^ a^
o g-o
g; o g; o g; o o 9: o 9! o 9; o
gN
o
g-ri
9!
ri 3
II - s s
rj C! rj S rj rj r) r-l rj rJ r-i rj
Ci S o^ S s ^ ri ri i^ P^ ^ -? in NO io O ~ " — o o o O o o o o O O o o
[/; 3 u-
J3 y.
r
c = l|-s
r- r- r- r- j^ j^ j^ r- r~- oo oo oo oo 00 OC 00 oo OO 00 00
g- CT- CTv cr> g^ ^ ^ O' ?; CT- gv g- o- ON ON CT- gN ON ON ON
r-j T m. ^ r-i 5 oo o m ro g g g O g 5o^ OS o O O rN r5 O roi roi "o-1 rO^ ^o O»? O o NoO 5o
r- t^ r- oo OC OC OC oo OO oo oo OC oo
^ ^ o O; 5 ^ 5 o O' s: g^ g; 9!!
CT. 9^ 9: 9: ^ Ov
9::
? ^"i
X 5 O 5 o oo S o o o r^ rn r^ ^ o 00
1^ «~-t s m r^ o ro g r L. 5i oo 5 o^ 2 o rj rl r^< Pi -f •? in 3
U o f o o o o 5 o O o o O o
fl c:
^^^^ ^^^^O' ^^ ^^ ^^^^
o --^ L. ^
u. Z O 1^ i 02£ Ml
a s 3
1 1
J^ ^ r- ^ r- OO oo OC oo oo oo 00 oo 00 oo OO OC oo oo 00 a < o ^ CT^ ^ ^ a^ ^ s: s:
gv
s: e: g; g^ g^ o- 9:
gN g^ gN
9: ^ o ro5 m. «n roj -c o W-. in 5 m g g g g g
Z ^ OJ
o rl rM r5 (N d ^ ^ in m is o r^ r^ r- O O o O o o o O o o o o o o o
3! a. Oi 3
a.
r- p- r- 1^ r- r- r- t^ OC oo
5" .5
^ o- ^ O; o- ^ ^ 5 CT- 9; 9: g> g- ^ gN g- g- gN ON ON
in rj r-J o ^ m n-j in o ON 5 S r^. ^ o; ^
rs ri rv( rj o S r-l s ra rJ g ri
„ c r^ s » 5^ S 5 B rj rJ r--l ^ 'T
1
o o o O o — — — o O O o = o o O
iS z
3^ a r- r~ r- r- r- r- r~- r- r- r- OC OO oo oo oo oo oo oo oo 00
a<
a
•u
o^
3: o^ ^ o Ov ^ 5;
ON o g' 9: ^ 9; 9; ^ 9: z ON
9:
in rj iri P^ tT ri rJ -c rJ nD m m
<3u ow o o o o o O g o 9 o 0o0 oo 5O o o — — rj r5 o ri Pi Pi d- ^ m m Z5 o o o o o o o o
.-* "
z
b
^ ^ 1^ o To ow. o^ Or- QoO ao^ o fi f-% T w, « r- ae 0^ o n
rj r^i f-j ^ *^J r^ ri r-i rj M ri (M ri ri ri r^ ri (M ri ri
aj 3
E =
3O
0£
5c
!E
E
oe
T3
o
X
O
td OHOZ
z 2:" -^
t: r3 :3
w — -
E „ Of
aa ^
a: X)
O —
< 1)
H -a
a:
oc
C3
d 'C -o
«: oj y w J= S
o <
s
g
on 03 •o ^
C/5 o
3
CI.
z z oc
O t/5
Ed O OJ O. ><
s z « a
ooo
^ <
oO
X
c*,,, -
5 o j= < w "
f.- i> 2i o " 't: ^ u w
o -a
y =/> o
(U —
.
EC/5
E .Sd
o _. o re
(u -o ^
re t/, —
.
Eo
3
3
c/:
re
H. re re
ua
3 C/5 CD
re u re c — -o
5 - re
>^ o
Sozoo
O =1
o a:
c
<D
act
re
c<
OJ —
I
-_ Oc
c3
2
o x:
co
oi)
^g
h E
re O
^^ i! oJj
_ o. < •£
'5 (u _ £: r- oj
3 £ Ci g o -S
U ca — «J
3
- ^ U
t/2 u. :=
OX) CO
* P
H E
a: o
H u
c/5 en
•- O Si
Eo
U 3
O .S 3 >
re o, y
o X
C/5 O
OH
z
S £
a
a 02
re tii >> ^ oj re
VI X) "O
Z WZ
B U
H
c
„ .2
to t/5
;~ c/j
<Q oSi
n u
p2
.52 3
re ^
T3
re >
o
Q.
a.
re
Of)
,
o
co
o
H
re
•o
>
o
X x^ ,^ .
-J
oa !„
V] re < -o
E 3 -:
s -^ .
a 2 a
.J
a
u
IZ)
Z
o
<
u
13
CO
cu
u
a: H
b
Ozo
z
<:
-]
co
C/5
DC O
E =«
omo
U
U<uz
so
5 o
D '-a
5 u
Q, u
4) S
Q. -O
0/
—C/3 *3--
a> Q.
"3 E
•o o
^.^
s E 2h
cs
^ ox S .£
3 =
C/3 OZQUUUO
a.
O
o i£
u <
u s
i e « oi
bO
<" 3
oz
Q
o
z
-9
<C
Oi Uzu
b C/D >, 1 CL>
o "~
CJ o x; u c 3 Ed U re
•a
C/3
OO
re O
t4—
o
oz
IE c<
o
< o
Q
Oz
re a
c X
O o c ^
Ed
0.
Ed
Ed 3
t/D
C/1
o
c/:
c
c
3
OJj
S
O
a:
a.
ID EE
s
Oz
Eo
oo
OJ
o
o 12
,u- Q- I—
t/5
OJ)
o
Q
Z
Ed
Ed
Of
re
•a
O
re
"re
x;
C/5
c
re
E
o OJ — 4= '
OJ — " 1 .X
<U 3
-S ^
•a 1)
c -x
re
ex OJ
.S2 3
_u -a
3 <u
a a.
OJ o
SS ^
S c^
D.
P lU
II
XOJ X3 " a,
I ^
re >
C/l CO
>> Of)
re c
(U
OJ oo
s
w OO
re c
= 12
s! re
§ E
as aj
O £
— s:
OS H
Is
Is
zo
in <
d -J
< 3
Ed Bu
ac
S
OO
c
$o
u3
~ O
X 'C
c a.
o J=
D- E
B S
OuO o
Di C
aj
X<u u it: H c
•a
c
re >- -rr
C
OE
x;
o
x;
>> >^ re c re c
re -a ;::
,- ;^ o
o o t: _ -x ,^
x: Oh 7i "5
OJ o — X X 3
3 O ^
XI I
. o
>> Z re '^
c y
3 -b
CO
OJ
re
•o c3
>.
re
T3 — O w 3
.^ — c/5 ^ S o ^ re
y re
>% <u
^ g£
>i X *-
re —
•^ o ^
I! ^ re -r-o
O U
?i: ^-^^-SSi^c/i
a
en u
en jr
0) cu
XI X
—i C/5
"re .S
x: «
=" H
OJ
OJ
Cu
c« .- ^ re
-a
re
00
5 -S iJ5
o o
-; ;s 1) OJ
00 " ci: U C OJ
oi o X
> ^
cu O
D, x:
5 J3
>, cu
•a 5
U5 ^
—re t/i
^ c/) z -
J
b
OS.
o
El.
< o Q *-
L_ Of)
!n c
< —
-1 c
>^
re
•T3 c3
- C/5
c:o (l>
>. cu
i2 >>
H o
3 ^
re E
00 t)
c 5 ^ 00
2. >-
a> go
re
."2 ^ o
o J=
3 -o
=/? 5
Of) c
12
re
E
a ;-.' " S > 2 O C/)
t- c/5
cx -
9- EEo
3
re o
S E
O re
U
oZ C of) O re
E S
c
Of) O
:2s
£-0
O 4J
11
o in w VD
re — ^ I
g O
t C/5 O
o -5
^ E
cu O
of) c u-i
3 - _
U w o
\o • - re 5
— c3\ CQ
O
O > ^
o op,^
.E o
.'i o o
. . o
c/1 _
Of) X
^^
_, o
.B- ^ c^
cu -
C4~ 1 ^ X
o re _
U cu
CO
O 5 -
3 -O
C 3
3 cr
c/1 c/i
I §
C aj ;/:
t: Of) -
Q S 3
cu tT
o in
Qi O
3 c^-
_a.
i)
x:
00 5 O H
^-^^
n -a *"
o <u "*-
'=. o
a- if -a
cu nj C>
•-•0 3 Wi5<a reo re o.^
— So
O S -S
5 >
ac3
o re :i a "'
,S J? X
X3
•= ^ -a
t: cu
E O 3
Of) o .5
ill
3 .
a.
re
Ed -^
S 5i
z 3
a. o
O "
—U5 to. TS o
<U >-, lU
3 ^ O.
& E u
c ,2 -x
o t^ "
CJ , „
S^J^ ^ cu
"2 >
.2 i^
S '^ .a
O. re X
u t^ S X ' — - c— .5 c/:
"
O ^
^ Ji >> ^ C ^
S 3 ;2
^ "S X
3 I"
«J — —
X u i2
f- .S 0/5
X >>
CJ re
IS .-H
S o
•a re
% o
o
re c -a
w 00
C re
3 -a
2 J?
IN ADDITION
This Section contains public notices that are required to be published in the Register or have been approved by the Codifier
of Rules for publication.
U.S. Department of Justice
Civil Rights Division
EJ:DHH:NT:tlb Voting Section
DJ 166-012-3 PO. Box 66128
97-3855 Washington, D. C. 20035-6128
Febniary 5, 1998
Robert C. Cogswell, Jr., Esq.
City Attorney
P.O. Box 1513
Fayeneville, North Carolina 28302-1513
Dear Mr. Cogswell:
This refers to the increase in salary for the mayor, mayor pro-tem, and city coimcilmembers for the City of Fayeneville
in Cumberland County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42
U.S.C. 1973c. We received your submission on December 8, 1997.
The Attorney General does not interpose any objection to the specified change. However, we note that Section 5
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement
of the change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Elizabeth Johnson
Chief, Voting Section
12:18 NORTH CAROLINA REGISTER March 16, 1998 1692
IN ADDITION
U.S. Department of Justice
Civil Rights Division
EJ:DHC:TGL:emr Voting Section
DJ 166-012-3 PO. Box 66128
98-0400 Washington. D.C. 20035-6128
February 13, 1998
Michael Crowell, Esq.
Tharrington, Smith
P.O. Box 1151
Raleigh, North Carolina 27602-1151
Dear Mr. Crowell:
This refers to the change to staggered terms for the election of county commissioners and the implementation schedule
for Cleveland County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act. 42
U.S.C. 1973c. We received your submission on February 4, 1998; supplemental information was received on February 10,
1998.
The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement
of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional
information that would otherwise require an objection comes to our attention during the remainder of the sixty-day review
period. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43).
Since the Section 5 stams of this change is a matter before the court in Campbell v. Cleveland County Board of
Commissioners . No. 94-0845-SSS (D.D.C.), we are providing a copy of this leuer to the court and counsel of record in that
case.
Sincerely,
Elizabeth Johnson
Chief, Voting Section
cc: The Honorable Stanley Sporkin
United States District Judge
Coimsel of Record
1693 NORTH CAROLINA REGISTER March 16, 1998 12:18
RULE-MAKING PROCEEDINGS
A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed nile making. Tlie agency
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a
rule. Publication of a temporary rule serx'es as a Notice of Rule-making Proceedings and can be found in the Register under
the section heading of Temporary Rules. A Rule-making Agenda published by an agency serxes as Rule-making Proceedings
and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 1508-21. 2.
TITLE 10 - DEPARTMENT OF HEALTH AND
HUMAN SERVICES
15A NCAC WD; ISA NCAC lOH .0300. Other rules may be
proposed in the course of the rule-making process.
CHAPTER 26 - MEDICAL ASSISTANCE
A Totice of Rule-making Proceedings is hereby given by the
1 yDHHS-Division of Medical Assistance in accordance
with G.S. 150B-21.2. The agency shall subsequently publish
in the Register the text of the nde(s) it proposes to adopt as a
result of this notice of rule-making proceedings and any
comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
10 NCAC 26B .0103. Other rules may be proposed in the
course of the nde-making process.
Authority for the rule-making: G.S. 108A-25(b); 108A-54
Statement of the Subject Matter: home health provider
agreements require that home health agencies be Medicare
certified to participate in Medicaid.
Reason for Proposed Action: The term used in this rule is
"certified" but not "Medicare certified. " Since North
Carolina does not have a separate Medicaid certification, the
term "certified" refers to Medicare certification. As a
technical amendment, Medicare is being inserted to read
"Medicare certified.
"
Comment Procedures: Written comments concerning this
rule-making action must be submitted to Portia W. Rochelle,
Rule-making Coordinator, Division of Medical Assistance,
1985 Umsiead Drive, Raleigh, NC 27603.
Authority for the rule-making: 15A NCAC lOD - G.S.
113-134; 113-264; 113-270.3; 113-291.2; 113-291.5; 113-
305; 113-306
15A NCAC lOH .0300 - G.S. 113-134; 113-272.5; 113-274;
113-292
Statement of the Subject Matter: ISA NCAC lOD
non-highway licensed vehicles on state game lands.
ISA NCAC lOH .0300 - Holding wildlife in captivity.
Use of
Reason for Proposed Action: ISA NCAC lOD - To
set/amend game land regulations for use of non-highway
licensed vehicles on state game lands necessary to marmge
and consen'e the resource and provide for the orderly and
efficient operation of game lands. The Wildlife Resources
Commission may adopt this rule as a temporary rule pursuant
to S.L. 1997-0403 following this abbreviated notice. ISA
NCAC IOH .0300 - To set/amend the rule holding wildlife in
captivity regarding possession and transportation of box
trapped rabbits which is necessary to manage and consen'e
the resource. The Wildlife Resources Commission may adopt
this rule as a temporary rule pursuant to S.L. 1997-0403
following this abbreviated notice.
Comment Procedures: Written comments must be delivered
or mailed to the NC Wildlife Resources Commission, 512 N.
Salisbury St., Raleigh, NC 27604-1188.
TITLE 19A - DEPARTMENT OF
TRANSPORTATION
TITLE 15A - DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
CHAPTER 10 - WILDLIFE RESOURCES AND
WATER SAFETY
\ Totice of Rule-making Proceedings is hereby given by the
1 y North Carolina Wildlife Resources Commission in
accordance with G.S. 150B-21.2. The agency shall
subsequently publish in the Register the text of the rule(s) it
proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
CHAPTER 2 - DIVISION OF HIGHWAYS
SUBCHAPTER 2D - HIGHWAY OPERATIONS
A Totice of Rule-making Proceedings is hereby given by the
1 y North Carolina Department of Transportation - Division
of Highways in accordance with G.S. 150B-21.2. The agency
shall subsequently publish in the Register the text of the
rule(s) it proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this
notice.
Citation to Existing Rules Affected by this Rule-Making:
19A NCAC 02D .0415. Other rules may be proposed in the
12:18 NORTH CAROLINA REGISTER March 16, 1998 1694
RULE-MAKING PROCEEDINGS
course of the nile-making process.
Authoritj for the rule-making: G.S. 136-18(5)
Statement of the Subject Matter: Rule states times and
conditions for drawbridges to open in North Carolina.
Reason for Proposed Action: Jlie Cit\- of Elizabeth On
requested this schedule for the US 158 drawbridge over the
Pasquotank River to alleviate traffic congestion. Tlie U.S.
Coast Guard concurred. The N. C. Division of Highways
Bridge Maintenance staff requested the nde change.
Comment Procedures: Any interested person may submit
written comments on the proposed amendment by mailing the
comments to Emily Lee, NC Department of Transportation,
PO Box 25201, Raleigh, NC 27611.
CHAPTER 3 - DIVISION OF MOTOR VEfflCLES
SUBCHAPTER 31 - RULES AND REGULATIONS
GOVERNING THE LICENSING OF COMMERCIAL
DRIVER TRAINING SCHOOLS AND LNSTRUCTIONS
Notice of Rule-making Proceedings is hereby given by the
North Carolina Department of Transportation - Division of
Motor Vehicles in accordance with G.S. 150B-21.2. The
agency shall subsequently publish in the Register the text of
the nde(s) it proposes to adopt as a result of this notice of
nde-making proceedings and any comments received on this
notice.
Citation to Existing Rules AfTected by this Rule-Making:
19A NCAC 031 .0202 - .0203. .0501 - .0503. Other rules
may be proposed in the course of the rule-making process.
Authority for the rule-maldng: G.S. 20-322 through 20-324
Statement of the Subject Matter: Rules list conditions
under which commercial driver training schools must operate.
Reason for Proposed Action: Pursuant to G.S. 20-324, the
renewal time for commercial driver training school licenses
has been lengthened from 1 to 2 years. Application fee has
been increased from $ 40. 00 to $ 80. 00. This change was
effective July 1, 1997.
Comment Procedures: Any interested person may submit
written comments on the proposed rules by mailing the
comments to Emily Lee, NC Department of Transportation,
PO Box 25201, Raleigh, NC 27611.
1695 NORTH CAROLINA REGISTER March 16, 1998 12:18
PROPOSED RULES
This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a
Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory
reference: G.S. 150B-21.2.
TITLE 10 - DEPARTMENT OF HEALTH AIVD HUMAN
SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2
that the DHHS-Division of Medical Assistance intends to
amend rules cited as 10 NCAC 26H .0102 and .0211. Notice
of Rule-making Proceedings was published in the Register on
Novembers, 1997.
Proposed Effective Date: August 1, 1998
A Public Hearing will be conducted at 1:30 p.m. on March
31, 1998 at the Kirby Building, Room 132, 1985 Umstead
Drive, Raleigh, NC 27603.
Reason for Proposed Action: This action is necessary to
reduce future growth rate in the Medicaid program as
mandated by the General Assembly. This change also allows
the Division to calculate annual inpatient hospital inflation
based on lower of current method or amount allowed by
Medicare.
Comment Procedures: Written comments concerning this
rule-making action must be submitted by May 15, 1998 to
Portia W. Rochelle, Rule-making Coordinator. Division of
Medical Assistance, 1985 Umstead Drive, Raleigh, NC
27603.
Fiscal Note: These Rules do affect the expenditures or
revenues of state or local government funds. These Rules do
have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
CHAPTER 26 - MEDICAL ASSISTANCE
SUBCHAPTER 26H - REIMBURSEMENT PLANS
SECTION .0100 - REIMBURSEMENT FOR
NURSING FACILITY SERVICES
.0102 RATE SETTING METHODS
(a) A rate for skilled nursing care and a rate for
intermediate nursing care shall be determined annually for
each facility to be effective for dates of service for a twelve
month period beginning each October 1. Each patient shall
be classified in one of the two categories depending on the
services needed. Rates are derived from either filed, desk, or
field audited cost reports for a base year period to be selected
by the state. Rates developed from filed cost reports may be
retroactively adjusted if there is found to exist more than a
two percent difference between the filed direct per diem cost
and either the desk audited or field audited direct per diem
cost for the same reporting period. Cost reports shall be filed
and audited under provisions set forth in 10 NCAC 26H
.0104. The minimum requirements of the 1987 OBRA are
met by these provisions.
(b) Each prospective rate consists of two components: a
direct patient care rate and an indirect rate computed and
applied as follows:
(1) The direct rate shall based on the Medicaid cost per
day incurred in the following cost centers:
(A) Nursing,
(B) Dietary or Food Service,
(C) Laundry and Linen,
(D) Housekeeping,
(E) Patient Activities,
(F) Social Services,
(G) Ancillary Services (includes several cost
centers).
(2) To compute each facility's direct rate for skilled
care and intermediate care, the direct base year cost
per day shall be increased by adjustment factors for
price changes as set forth in Rule .0102(c).
(A) A facility's direct rates cannot exceed the
maximum rates set for skilled nursing or
intermediate nursing care. However, the
Division of Medical Assistance may
negotiate direct rates that exceed the
maximum rate for ventilator dependent
patients. Payment of such special direct
rates shall be made only after specific prior
approval of the Division of Medical
Assistance.
(B) A standard per diem amount shall be added
to each facility's direct rate, including
facilities that are limited to the maximum
rates, for the projected statewide average per
diem costs of the salaries paid to replacement
nurse aides for those aides in training and
testing status and other costs deemed by
HCFA to be facility costs related to nurse
aide training and testing. The standard
amount shall be based on the product of
multiplying the average hourly wage,
benefits, and payroll taxes of replacement
nurse aides by the number of statewide hours
required for training and testing of all aides
divided by the projected total patient days.
12:18 NORTH CAROLINA REGISTER March 16, 1998 1696
PROPOSED RULES
(3) If a facility did not report any costs for either
skilled or intermediate nursing care in the base
year, the state average direct rate shall be assigned
as determined in Rule .0102(d) of this Section for
the new type of care.
(4) The direct maximum rates shall be developed by
ranking base-year per diem costs from the lowest to
the highest in two separate arrays, one for skilled
care and one for intermediate care. Each array
shall be weighted by total patient days. The per
diem cost at the 80th percentile in each array shall
be selected as the base for the maximum rate. The
base cost in each array shall be adjusted for price
changes as set forth in Rule .0102(c) of this Section
to determine the maximum statewide direct rates
for skilled care and intermediate care.
(5) Effective October 1, 1990, the direct rates shall be
adjusted as follows:
(A) A standard per diem amount shall be added
to each facility's skilled and intermediate rate
to account for the combined expected
average additional costs for the continuing
education of nurses' aides; the residents'
assessments, plans of care, and charting of
nursing hours for each patient; personal
laundry and hygiene items; and other
non-nursing staffing requirements. The
standard amount is equal to the sum of:
(i) the state average annual salary,
benefits, and payroll taxes for one
registered nurse position multiplied by
the number of facilities in the state and
divided by the state total of patient
days;
(ii) the total costs of personal laundry and
hygiene items divided by the total
patient days as determined from the
FY 1989 cost reports of a sample of
nursing facilities multiplied by the
annual adjustment factor described in
Rule .0102(c)(4)(B) of this Section;
and
(iii) the state average additional pharmacy
consultant costs divided by 365 days
and then divided by the average
number of beds per facility.
(B) A standard amount shall be added to the
intermediate rate of facilities that were
certified only for intermediate care prior to
October 1, 1990. This amount will be added
to account for the additional cost of
providing eight hours of RN coverage and 24
hours of licensed nursing coverage. The
standard amount is equal to the state average
hourly wage, benefits and payroll taxes for a
registered nurse multiplied by the 16
additional hours of required licensed nursing
staff divided by the state average number of
beds per nursing facility. A lower amount
will be added to a facility only if it can be
determined that the facility's intermediate
rate prior to October 1, 1990 already
includes licensed nursing coverage above
eight hours per day. The add-on amount in
such cases shall be equal to the exact
additional amount required to meet the
licensed nursing requirements.
(C) The standard amounts in Subparagraphs
(2)(B), (5)(A), and (5)(B) of this Rule, will
be retained in the rates of subsequent years
until the year that the rates are derived from
the actual cost incurred in the cost reporting
year ending in 1991 which shall reflect each
facility's actual cost of complying with all
OBRA '87 requirements.
(6) Upon completion of any cost reporting year any
funds received by a facility from the direct patient
care rates which have not been spent on direct
patient care costs as defined herein shall be repaid
to the State. This shall be applied by comparing a
facility's total Medicaid direct costs with the
combined direct rate payments received for skilled
and intermediate care. Costs in excess of a
facility's total prospective rate payments shall not
be reimbursable.
(7) The indirect rate is intended to cover the following
costs of an efficiently and economically operated
facility:
(A) Administrative and General,
(B) Operation of Plant and Maintenance,
(C) Property Ownership and Use,
(D) Mortgage Interest.
(8) Effective for dates of service begirming October 1,
1984 and ending September 30, 1985 the indirect
rates shall be fourteen dollars and sixty cents
($14.60) for each SNF day of care and thirteen
dollars and fifty cents ($13.50) for each ICF day of
care. These rates represent the first step in a two
step transition process from the different SNF and
ICF indirect rates paid in 1983-84 and the nearly
equal indirect rates that shall be paid in subsequent
years under this plan as provided in this Rule.
(9) Effective for dates of service begiiming October 1
,
1985 and annually thereafter per diem indirect rates
shall be computed as follows:
(A) The average indirect payment to all facilities
in the fiscal year ending September 30, 1983
[which is thirteen dollars and two cents
($13.02)] shall be the base rate.
(B) The base rate shall be adjusted for estimated
price level changes from fiscal year 1983
through the year in which the rates shall
apply in accordance with the procedure set
forth in Rule .0102(c) of this Section to
1697 NORTH CAROLINA REGISTER March 16, 1998 12:18
PROPOSED RULES
establish the ICF per diem indirect rate.
(C) The ICF per diem indirect rate shall be
multiplied by a factor of 1 .02 to establish the
SNF per diem indirect rate. This adjustment
shall be made to recognize the additional
administrative expense incurred in the
provision of SNF patient care.
(10) Effective for dates of service beginning October 1,
1989, a standard per diem amount will be added to
provide for the additional administrative costs of
preparing for and complying with all nursing home
reform requirements. The standard amount shall be
based on the average annual salary, benefits and
payroll taxes of one clerical position multiplied by
the number of facilities in the state divided by the
state total of patient days.
(11) Effective for dates of service beginning October 1,
1990, the indirect rate will be standard for skilled
and intermediate care for all facilities and shall be
determined by applying the 1990-91 indirect cost
adjustment factors in Rule .0102(c) of this Section
to the indirect rate paid for SNF during the year
beginning October 1, 1989. Thereafter the indirect
rate shall be adjusted annually by the indirect cost
adjustment factors.
(c) Adjustment factors for changes in the price level. The
rate bases established in Rule .0102(b), shall be adjusted
annually to reflect increases or decreases in prices that are
expected to occur from the base year to the year in which the
rate applies. The price level adjustment factors shall be
computed using aggregate base year costs in the following
maimer:
(1) Costs shall be separated into direct and indirect cost
categories.
(2) Costs in each category shall be accumulated into the
following groups:
(A) labor,
(B) other,
(C) fixed.
(3) The relative weight of each cost group shall be
calculated to the second decimal point by dividing
the total costs of each group (labor, other, and
fixed) by the total costs for each category (direct
and indirect).
(4) Price adjustment factors for each cost group shall
be established as follows:
(A) Labor. The expected annual percentage
change in direct labor costs as determined
from a survey of nursing facilities to
determine the average hourly wages for RNs,
LPNs, and aides paid in the current year and
projected for the rate year. The percentage
change for indirect labor costs shall be based
on the projected average hourly wage of
N.C. service workers.
(B) Other. The expected annual change in the
implicit price deflator for the Gross National
Product as provided by the North Carolina
Office of State Budget and Management.
(C) Fixed. No adjustment shall be made for this
category, thus making the factor zero.
(D) The weights computed in (c)(3) of this Rule
shall be multiplied times the percentage
change computed in (c)(4)(A),(B) and (C) of
this Rule. These products shall be added
separately for the direct and indirect
categories.
(E) The sum computed for each category in
(c)(4)(D) of this Rule shall be the price level
adjustment factor for that category of rates
(direct or indirect) for the coming fiscal
year.
(F) However, effective October L, 1997 for
fiscal year 1998. the price level adjustment
factors calculated in Part (c)(4)(E) of this
Rule shall be adjusted to 2.04% for direct
rates and i%_ for indirect rates, in order to
produce fair and reasonable reimbursement
of efficient operators, for the rate pe riod
beginning—October 1-; l-99i through
Se ptember 30, 1 992 the forecast of the N.C.
Se rvice—Wages—
p
e rcent—applied—to—the
1 99 1-92 Inpatient Hospital and Inte rmediate
Care Facility for the Mentally Retarded rates
shall be applied to the Labor component
weight computed in (c)(4)(A) of this Rule.
fG) For the rate pe riod beginning October 1,
1 99 1 through September 30, 1 992 the di rect
adjustment factor dete rmined unde r (c)(4) of
this Rule shall be applied to the direct rate
adjustments determined onder (b)(2),
(b)(5)(A) and (b)(5)(D) of this Rule.
(d) The skilled and intermediate direct patient care rates
for new facilities shall be established at the lower of the
projected costs in the provider's Certificate of Need
application inflated to the current rate period or the average
of industry base year costs and adjusted for price changes as
set forth in Rule .0102(c) of this Section. A new facility
receives the indirect rate in effect at the time the facility is
enrolled in the Medicaid program. In the event of a change
of ownership, the new owner receives the same rate of
payment assigned to the previous owner.
(e) Each out-of-state provider shall be reimbursed at the
lower of the appropriate North Carolina maximum rate or the
provider's payment rate as established by the State in which
the provider is located. For patients with special needs who
must be placed in specialized out-of-state facilities, a payment
rate that exceeds the North Carolina maximum rate may be
negotiated.
(f) Specialized Service Rates:
(1) Head Injury Intensive Rehabilitation Services.
(A) A single all-inclusive prospective per diem
12:18 NORTH CAROLINA REGISTER March 16, 1998 1698
PROPOSED RULES
rate combining botii the direct and indirect
cost components may be negotiated for
nursing facilities that specialize in providing
intensive rehabilitation services for
head-injured patients. The rate may exceed
the maximum rate applicable to other
Nursing Facility services. A facility must
specialize to the extent of staffing at least 50
percent of its Nursing Facility licensed beds
for intensive head-injury rehabilitation
services. The facility must also be
accredited by the Commission for the
Accreditation of Rehabilitation Facilities
(CARF).
(B) A facility's initial rate is negotiated based on
budget projections of revenues, allowable
costs, patient days, staffing and wages. A
complete description of the facility's medical
program must also be provided. Rates in
subsequent years are determined by applying
the average aimual skilled nursing care
adjustment factors to the rate in the previous
year, unless either the provider or the State
requests a renegotiation of the rate within 60
days of the rate notice.
(C) Cost reports for this service must be filed in
accordance with the rules in 10 NCAC 26H
.0104, but there will be no cost settlements
for any differences between cost and
payments. Since it is appropriate to include
all financial considerations in the negotiation
of a rate, a provider shall not be eligible to
receive separate payments for remm on
equity as defined m 10 NCAC 26H .0105.
(2) Ventilator Services.
(A) Ventilator services approved for nursing
facilities providing intensive services for
ventilator dependent patients shall be
reimbursed at higher direct rates as described
in Subparagraph (b)(2)(A) of this Rule.
Ventilator services shall be paid by
combining the enhanced direct rate with the
nursing facility indirect rate determined
under Subparagraph (b)(ll) of this Rule.
(B) A facility's initial direct rate shall be
negotiated based on budget projections of
revenues, allowable costs, patient days,
staffing and wages. Rates in subsequent
years shall be determined by applying the
nursing facility direct adjustment factor to
the previous 12 month cost report direct cost.
(C) Cost reports and settlements for this service
shall be in accordance with 10 NCAC 26H
.0104 and remm on equity shall be allowed
as defined m 10 NCAC 26H .0105.
(D) A single all-inclusive prospective per diem
rate combining both the direct and indirect
cost components may be negotiated for
nursing facilities that specialize in providing
intensive services for ventilator-dependent
patients. The rate may exceed the maximum
rate applicable to other Nursing Facility
services. For ventilator services, the only
facilities that shall be eligible for a combined
single rate are small freestanding facilities
with fewer than 21 Nursing Facility Beds and
that serve only patients requiring ventilator
services. Ventilator services provided in
larger facilities shall be reimbursed at higher
direct rates as described in Subparagraph
(b)(2)(A) of this Rule.
(g) Effective October 1, 1994 the bloodbome pathogen
cost required under Title 29, Pan 1910, Subpan 2, Section
1910.0130 of the Code of Federal Regulations shall be
included in the nursing facility's direct cost reimbursement.
The initial per diem amount shall be set at the lower of the
actual or eightieth percentile of bloodbome pathogen costs
incurred in fiscal year 1993.
(h) Religious Dietary Considerations.
(1) A standard amount may be added to a nursing
facility's skilled and intermediate care rates, that
may exceed the maximum rates determined under
Paragraph (b) of this Rule, for special dietary need
for religious reasons.
(2) Facilities must apply to receive this special payment
consideration. In applying, facilities must
document iht reasons for special dietary
consideration for religious reasons and must submit
documentation for the increased dietary costs for
religious reasons. Fac lities must apply for this
special benefit each time rates are determined from
a new data base. Fifty or more percent of the
patients in total licensed beds must require religious
dietary consideration in order for the facility to
qualify for this special dietary rate add-on.
(3) The special dietary add-on rate may not exceed
more than a 30 percent increase in the average
skilled and intermediate care dietary rates
calculated for the 80th percentile of facilities
determined under Subparagraph (b)(4) of this Rule
and adjusted for annual inflation factors. This
maximum add-on will be adjusted by the direct rate
inflation factor each year until a new data base is
used to determine rates.
(4) This special dietary add-on rate shall become part
of the facility's direct rates to be reconciled in the
aimual cost report settlement.
(i) Effective October 1, 1994 nursing facilities shall be
responsible for providing medically necessary transportation
for residents, unless ambulance transportation is needed.
Reimbursement shall be included in the nursing facility's
direct cost. The initial amount shall be based on a per diem
fee derived from estimated industry cost for transportation
and associated salaries.
1699 NORTH CAROLINA REGISTER March 16, 1998 12:18
PROPOSED RULES
(j) This reimbursement limitation shall become effective in
accordance with the provisions of G.S. 108A-55(c).
Authority G.S. W8A-25(b); 108A-54; 108A-55;
29 C.F.R. 1910, Subpart Z; 42 C.F.R. 447, Subpart C;
S.L. 1991, c. 689, s. 95.
SECTION .0200 - HOSPITAL INPATIENT
REIMBURSEMENT PLAN
.0211 DRG RATE SETTING METHODOLOGY
(a) Diagnosis Related Groups is a system of classification
for hospital inpatient services. For each hospital admission, a
single DRG category shall be assigned based on the patient's
diagnoses, age, procedures performed, length of stay, and
discharge status. For claims with dates of services prior to
January 1, 1995 payments shall be based on the
reimbursement per diem in effect prior to January 1, 1995.
However, for claims related to services where the admission
was prior to January 1, 1995 and the discharge was after
December 31, 1994, then the greater of the total per diem for
services rendered prior to January 1, 1995, or the appropriate
DRG payment shall be made.
(b) The Division of Medical Assistance (Division) shall
use the DRG assignment logic of the Medicare Grouper to
assign individual claims to a DRG category. Medicare
revises the Grouper each year in October. The Division shall
install the most recent version of the Medicare Grouper
implemented by Medicare.
The initial DRG in Version 12 of the Medicare Grouper,
related to the care of premature neonates and other newborns
numbered 385 through 391, shall be replaced with the
following classifications:
385 Neonate, died or transferred, length of stay less
than 3 days
801 Birthweight less than 1,000 grams
802 Birthweight 1,000 - 1,499 grams
803 Birthweight 1,500 - 1,999 grams
804 Birthweight > =2,000 grams, with Respiratory
Distress Syndrome
805 Birthweight > = 2,000 grams, premature with
major problems
810 Neonate with low birthweight diagnosis, age
greater than 28 days at admission
389 Birthweight > = 2,000 grams, full term with major
problems
390 Birthweight > = 2,000 grams, full term with other
391
problems or premature without major problems
Birthweight > = 2,000 grams, full term without
complicating diagnoses
(c) DRG relative weights are a measure of the relative
resources required in the treatment of the average case falling
within a particular DRG category. The average DRG weight
for a group of services, such as all discharges from a
particular hospital or all North Carolina Medicaid discharges,
is known as the Case Mix Index (CMI) for that group.
(1) The Division shall establish relative weights for
each utilized DRG based on a recent data set of
historical claims submitted for Medicaid recipients.
Charges on each historical claim shall be converted
to estimated costs by applying the cost conversion
factors from each hospital's submitted Medicare
cost report to each billed line item. Cost estimates
are standardized by removing direct and indirect
medical education costs at the appropriate rates for
each hospital.
(2) Relative weights shall be calculated as the ratio of
the average cost in each DRG to the overall average
cost for all DRGs combined. Prior to calculating
these averages, low statistical outlier claims shall
be removed from the data set, and the costs of
claims identified as high statistical outliers shall be
capped at the statistical outlier threshold. The
Division of Medical Assistance shall employ
criteria for the identification of statistical outliers
which are expected to result in the highest number
of DRGs with statistically stable weights.
(3) The Division of Medical Assistance shall employ a
statistically valid methodology to determine whether
there are a sufficient number of recent claims to
establish a stable weight for each DRG. For DRGs
lacking sufficient volume, the Division shall set
relative weights using DRG weights generated from
the North Carolina Medical Data Base
Commission's discharge abstract file covering all
inpatient services delivered in North Carolina
hospitals. For DRGs in which there are an
insufficient number of discharges in the Medical
Data Base Commission data set, the Division sets
relative weights based upon the published DRG
weights for the Medicare program.
(4) Relative weights shall be recalculated whenever a
new version of the DRG Grouper is installed by the
Division of Medical Assistance. When relative
weights are recalculated, the overall average CMI
will be kept constant.
(d) The Division of Medical Assistance shall establish a
unit value for each hospital which represents the DRG
payment rate for a DRG with a relative weight of one. This
rate is established as follows:
(1) Using the methodology described in Paragraph (c)
12:18 NORTH CAROLINA REGISTER March 16, 1998 1700
PROPOSED RULES
of this Rule, the Division shall estimate the cost
less direct and indirect medical education expense
on claims for discharges occurring during calendar
year 1993, using cost reports for hospital fiscal
years ending during that period or the most recent
cost report available. All cost estimates are
adjusted to a common 1994 fiscal year and inflated
to the 1995 rate year. The average cost per
discharge for each provider is calculated.
(2) Using the DRG weights effective on January 1,
1995, a CMI is calculated for each hospital for the
same population of claims used to develop the cost
per discharge amount in Subparagraph (d)(1) of this
Rule. Each hospital's average cost per discharge is
divided by its CMI to get the cost per discharge for
a service with a DRG weight of one.
(3) The amount calculated in Subparagraph (d)(2) of
this Rule is reduced by 7.2% to account for outlier
payments.
(4) Hospitals are ranked in order of increasing CMI
adjusted cost per discharge. The DRG Unit Value
for hospitals at or below the 45th percentile in this
ranking is set using 75% of the hospital's own
adjusted cost per discharge and 25% of the cost per
discharge of the hospital at the 45th percentile. The
DRG Unit Value for hospitals ranked above the
45th percentile is set at the cost per discharge of the
45th percentile hospital. The DRG unit value for
new hospitals and hospitals that did not have a
Medicaid discharge in the base year is set at the
cost per discharge of the 45th percentile hospital.
(5) The hospital unit values calculated in Subparagraph
(d)(4) of this Rule shall be updated annually by the
National Hospital Market Basket Index as published
by Medicare and applied to the most recent actual
and projected cost data available from the North
Carolina Office of State Budget and Management.
Effective October L, 1997. for fiscal year ended
September 30. 1998 only, the hospital unit values
calculated jn Subparagraph (d)(4) of this Rule shall
be updated by the lower of the National Hospital
Market Basket Index as published by Medicare and
applied to the most recent actual and projected cost
data available from the North Carolina Office of
State Budget and Management or the Medicare
approved Inpatient Prospective Payment update
factor.
(6) Allowable and reasonable costs will be reimbursed
in accordance with the provisions of the Medicare
Provider Reimbursement Manual referred to as
HCFA Publication 15-1.
(e) Reimbursement for capital expense is included in the
DRG hospital rate described in Paragraph (d) of this Rule.
(f) Hospitals operating Medicare approved graduate
medical education programs shall receive a DRG payment
rate adjustment which reflects the reasonable direct and
indirect costs of operating those programs.
(1) The Division defines reasonable direct medical
education costs consistent with the base year cost
per resident methodology described in 42 CFR
413.86. The ratio of the aggregate approved
amount for graduate medical education costs at 42
CFR 413.86 (d) (1) to total reimbursable costs (per
Medicare principles) is the North Carolina
Medicaid direct medical education factor. The
direct medical education factor is based on
information supplied in the 1993 cost reports and
the factor will be updated annually as soon as
practicable after July 1 based on the latest cost
reports filed prior to July 1
.
(2) The North Carolina Medicaid indirect medical
education factor is computed by the following
formula:
1.89 ( ( 1 + R ) 1)
where R equals the number of approved full time
equivalent residents divided by the number of
staffed beds, not including nursery beds. The
indirect medical education factor will be updated
annually as soon as practicable after July 1 based
on statistics contained in the latest cost reports filed
prior to July 1
.
(3) Hospitals operating an approved graduate medical
education program shall have their DRG unit values
increased by the sum of the direct and indirect
medical education factors.
(g) Cost outlier payments are an additional payment made
at the time a claim is processed for exceptionally costly
services. These payments shall be subject to retrospective
review by the Division of Medical Assistance, on a
case-by-case basis. Cost Outlier payments may be reduced if
and to the extent that the preponderance of evidence on
review supports a determination that the associated cost either
exceeded the costs which must be incurred by efficiently and
economically operated hospitals or was for services that were
not medically necessary or for services not covered by the
North Carolina Medical Assistance program.
(1) A cost outlier threshold shall be established for
each DRG at the time DRG relative weights are
calculated, using the same information used to
establish those relative weights. The cost threshold
is the greater of twenty-five thousand dollars
($25,000) or mean cost for the DRG plus 1.96
standard deviations.
(2) Charges for non-covered services and services not
reimbursed under the inpatient DRG methodology
(such as professional fees) shall be deducted from
total billed charges. The remaining billed charges
are converted to cost using a hospital specific cost
to charge ratio. The cost to charge ratio excludes
medical education costs.
(3) If the net cost for the claim exceeds the cost outlier
threshold, a cost outlier payment is made at 75% of
the costs above the threshold.
(h) Day outlier payments are an additional payment made
1701 NORTH CAROLINA REGISTER March 16, 1998 12:18
PROPOSED RULES
for exceptionally long lengths of stay on services provided to
children under six at disproportionate share hospitals and
children under age one at non-disproportionate share
hospitals. These payments shall be subject to retrospective
review by the Division of Medical Assistance, on a
case-by-case basis. Day outlier payments may be reduced if
and to the extent that the preponderance of evidence on
review supports a determination that the associated cost either
exceeded the costs which must be incurred by efficiently and
economically operated hospitals or was for services that were
not medically necessary or for services not covered by the
North Carolina Medical Assistance program.
(1) A day outlier threshold shall be established for each
DRG at the time DRG relative weights are
calculated, using the same information used to
establish the relative weights. The day outlier
threshold is the greater of 30 days or the
arithmetical average length of stay for the DRG
plus 1.50 standard deviations.
(2) A day outlier per diem payment may be made for
covered days in excess of the day oudier threshold
at 75% of the hospital's payment rate for the DRG
rate divided by the DRG average length stay.
(i) Services which qualify for both cost outlier and day
outlier payments under this rule shall receive the greater of
the cost outlier or day outlier payment.
Authority G.S. 108A-25(b); 108A-54; 108A-55:
42 C.F.R. 447, Subpart C.
12:18 NORTH CAROLINA REGISTER March 16, 1998 1702
TEMPORARY RULES
The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to
G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serxes as a notice of nde-making
proceedings unless this notice has been previously published by the agency.
TITLE 10 - DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Rule-making Agency: Department of Health and Human
Ser\nces
Rule Citation: 10 NCAC 49B .0315
Effective Date: March 1, 1998
Findings Reviewed by Beecher R. Gray: Approved
Authority for the rule-making: S.L. 1997-443
Reason for Proposed Action: P.L. 104-193 changed the
face of welfare for all states. Tlie most fundamental change
was to establish the Temporary Assistance for Needy Families
(TANF) Block Grant. In addition to other requirements, the
law mandated stricter work participation rates than had been
in place under prior law. For FY 1998, 75% offamilies with
nvo able-bodied parents must be working or participating in a
countable work activity an average of 35 hours per week (or
55 hours if child care is provided). The participation rate
was 50% under prior law. Further, states who fail to meet
this tMo-parent participation rate stand to lose part of their
Temporary Assistance for Needy Families (TANF) Block
Grant. This could be approximately $15 million in North
Carolina although proposed federal regulations may soften
this sanction slightly by stating the fiscal sanction would be in
the same ratio that two-parent families are of the total Work
First families. Two-parent families make up slightly over 27c
of the State's total Work First families. So, in North
Carolina, the sanction would be approximately 2%c of the 5 %
fiscal sanction.
Comment Procedures: Anyone wishing to comment should
contact Shamese Ransome. A PA Coordinator, NC Division of
Social Serx'ices. 325 N. Salisbury St., Raleigh, NC 27603,
phone 919-733-3055.
CHAPTER 49 - AFDC
SUBCHAPTER 49B - ELIGIBILITY DETERMINATION
SECTION .0300 - ELIGIBILITY FACTORS
.0315 TWO-PARENT FAMILIES
(a) Assistance Units with two able-bodied parents shall be
eligible to receive cash assistance only for months during
which the parents meet the federal work participation
requirement as described in Section 407 of Public Law 104-
193 which is hereby adopted by reference under G.S. 150B-
14(c).
(b) The parents shall verify as prescribed by the State, that
they have satisfied the federal work requirement. If the
assistance unit is otherwise eligible for a payment, the
payment shall be made within five calendar days of the date
the county receives the parent's verification.
(c) The amount of the cash assistance payment shall be
calculated for the month as it is for all other assistance units.
History Note: Authority G.S. 108A-25; S.L. 1997-443;
P.L. 104-193;
Temporary Adoption Eff. March 1^ 1998.
TITLE 12 - DEPARTMENT OF JUSTICE
Rule-making Agency:
Commission
North Carolina Sheriffs' Standards
Rule Citation: 12 NCAC lOB .0103. .0206, .0304. .0401 -
.0403. .0406 - .0409, .0701 - .0702, .1101 - .1104, .1301 -
.1304, .2002, .2101 - .2102, .2104- .2105
Effective Date: March 1, 1998
Instructions on How to Demand a Public Hearing to
amend rule cited as 12 NCAC lOB .0206: Anyone can
demand a public hearing by contucting Barbara D. Moore,
NC Sheriffs' Commission, 919-716-6460. However a public
hearing was held on this subject matter on February 11,
1998. This nde was inadvertently left out of that process.
Reason for Proposed Action: 12 NCAC lOB .0206 - adds
the nde cite for telecommunicator training (.1300) so that
summary suspensions of telecommunicator certification can be
issued when a telecommunicator fails to complete the state-mandated
training. Also clarifies that only deputies and
detention officers are required to comply with the in-ser\'ice
firearm requirement.
Findings For Temporary Rules Reviewed by Beecher R.
Gray: Approved
Authority for the rule-making: G.S. 17E-2
Reason for Proposed Action: 12 NCAC lOB .0103 - Rule
changes will: 1) define telecommunicator's date of
appointment: 2) modify' the definition of "depanment head" to
include the chief administrator of communication centers; 3)
expand the definition of dual certification to include
telecommunicators; and 4) define telecommunicator.
1703 NORTH CAROLINA REGISTER March 16, 1998 12:18
TEMPORARY RULES
12 NCAC lOB .0206 - Adds the nde cite for
telecommunicator training (.1300) so that summary
suspensions of telecommunicator certification can be issued
when a telecommunicator fails to complete the state-mandated
training. Also clarifies that only deputies and detention
officers are required to comply with the in-ser\ice firearm
requirement.
12 NCAC lOB .0304 - Rule changes the language from
deputy sheriffs and detention officers to Justice Officers.
12 NCAC lOB .0401 - Rule change will set out tfmt
telecommunicators under the control of the Sheriff must be
certified and telecommunicators not under the Sheriff's
control may be presented to the Division for certification.
12 NCAC lOB .0402 - Rule change will set out when the
probationary period for a telecommunicator will begin.
12 NCAC lOB .0403 - Rule change will make rule applicable
to telecommunicators.
12 NCAC lOB .0406 - Rule change will allow for the
reinstatement of a telecommunicator 's certification.
12 NCAC lOB .0407 - Rule change will allow for the
certification of a former Sheriff as a telecommunicator.
12 NCAC lOB .0408 - Rule change will allow for the waiver
of compliance with this Rule, provided an individual holds
certification in another capacity (to include
telecommunicators) at the same agency and changes capacity
(to include telecommunicators) with no break in service.
12 NCAC lOB .0409 - Rule change will allow for the waiver
of compliance with this Rule, provided an irulividual holds
certification in another capacity at the same agency and
changes capacity with no break in ser\ice.
12 NCAC lOB .0701 - Rule change will substitute "Justice
officers " for "sheriffs ' department personnel ", so that it will
apply to telecommunicators. as well as deputy sheriffs arui
detention officers.
12 NCAC lOB .0702 - Rule change will set out administration
matters concerning the Basic Telecommunicator Course.
12 NCAC lOB .1101 - .1104 - Rule changes the program
from Justice officers to Sheriffs, deputy sheriffs and detention
officers.
12 NCAC lOB .1300 - Rule adoption will set out Minimum
Standards of Training for Telecommunicators as follows: 1)
.1301 - Purpose; 2) .1302 - Basic Telecommunicator Course:
3) .1303 - Time Requirement for Completion of Basic
Telecommunicator Course: atid 4) .1304 - Evaluation for
Training Waiver.
12 NCAC lOB .2002, .2101, .2102, .2104, .2105 - Rule
changes will make in-serx'ice Firearms Training and
Requalification mandated only for deputy sheriffs and
detention officers. Language, if left alone, would reqidre all
Justice Officers (which would include telecommunicators) to
qualify annually.
Comment Procedures: 12 NCAC lOB .0103. .0304, .0401 -
.0403, .0406 - .0409, .0701 - .0702, .1101 - .1104. .1301 -
.1304. .2002, .2101 - .2102, .2104 - .2105 - These temporary
rules have been through the rule-making process arui comment
period arui are petuiing review by the Rules Review
Commission on March 19, 1998. 12 NCAC lOB .0206 - This
Rule was inadvertently omitted in the Notice of Text published
on December 5, 1997. Publication of this temporary nde will
ser\-e as Notice of Te.xt. Public comments must be submitted
by April 15, 1998. Comments must be submitted to the
agency contact person Barbara D. Moore, PO Drawer 629,
Raleigh, NC 27602, 919-716-6460.
Fiscal Note: 12 NCAC lOB .0206 does not affect the
expenditures or revenues of state or local government funds.
12 NCAC lOB .0206 does not have a substantial economic
impact of at least five million dollars ($5,000,000) in a 12-
month period.
CHAPTER 10 - N.C. SHERIFFS' EDUCATION AND
TRAINING STANDARDS COMMISSION
SUBCHAPTER lOB - N.C. SHERIFFS' EDUCATION
AND TRAINING STANDARDS COMMISSION
SECTION .0100 - COMMISSION ORGANIZATION
AND PROCEDURES
.0103 DEFINITIONS
In addition to the definitions set forth in G.S. 17E-2, the
following definitions apply throughout this Chapter, unless
the context clearly requires otherwise:
(1) "Appointment" as it applies to a deputy sheriff
means the date the deputy's oath of office is
administe red, administered; and as it applies to a
detention officer means either the date the detention
officer's oath of office was administered, if
applicable, or the detention officer's actual date of
employment as reported on the Report of
Appointment (form r-4) (Form F-4T) by the
employing agency, whichever is earlie r , earlier:
and as it applies to a telecommunicator . the
telecommunicator 's actual date of employment as
reported on the Report of Appointment (Form F;
4T).
(2) "Convicted" or "Conviction" means and includes,
for purposes of this Chapter, the entry of:
(a) a plea of guilty;
(b) a verdict or finding of guilt by a jury, judge,
magistrate, or other duly constituted,
established, and recognized adjudicating
body, tribunal, or official, either civilian or
military; or
(c) a plea of no contest, nolo contendere, or the
equivalent.
(3) "Department Head" means the chief administrator
of any criminal justice agency, agency or
communications center. Department head includes
the sheriff or a designee fo rmally appointed in
writing by the Department head.
12:18 NORTH CAROLINA REGISTER March 16, 1998 1704
TEMPORARY RULES
(4) "Director" means the Director of the Sheriffs'
Standards Division of the North Carolina
Department of Justice.
(5) "Division" means the Sheriffs' Standards Division.
(6) "High School" means a school accredited as a high
school by:
(a) the Department or Board of Education of the
state in which the high school is located; or
(b) the regional accrediting body; or
(c) the state university of the state in which the
high school is located.
(7) "Enrolled" means that an individual is currently
actively participating in an on-going formal
presentation of a commission-accredited basic
training course which has not been concluded on
the day probationary certification expires.
(8) "Essential Job Functions" means those tasks
deemed by the agency head to be necessary for the
proper performance of a justice officer.
(9) "Lateral Transfer" means certification of a justice
officer when the applicant for certification has
previously held general or grandfather certification
as a justice officer or a criminal justice officer as
defined in G.S. 17C-2(c), excluding state
correctional officers, state probation/parole
officers, and state youth services officers, provided
the applicant has been separated from a sworn law
enforcement position for no more than one year, or
has had no break in service.
(10) "Misdemeanor" means those criminal offenses not
classified by the North Carolina General Statutes,
the United States Code, the common law, or the
courts as felonies. Misdemeanor offenses are
classified by the Commission as follows:
(a) "Class A Misdemeanor" means an act
committed or omitted in violation of any
common law, duly enacted ordinance or
criminal statute of this statewhich is not
classified as a Class B Misdemeanor
pursuant to Sub-item (10)(b) of this Rule.
Class A Misdemeanor also includes any act
committed or omitted in violation of any
common law, duly enacted ordinance,
criminal statute, or criminal traffic code of
any jurisdiction other than North Carolina,
either civil or military, for which the
maximum punishment allowable for the
designated offense under the laws, statutes,
or ordinances of the jurisdiction in which the
offense occurred includes imprisonment for a
term of not more than six months.
Specifically excluded from this grouping of
"Class A Misdemeanor" criminal offenses
for jurisdictions other than North Carolina,
are motor vehicle or traffic offenses
designated as misdemeanors under the laws
of other jurisdictions, or duly enacted
ordinances of an authorized governmental
entity with the exception of the offense of
driving while impaired which is expressly
included herein as a class A misdemeanor, if
the offender could have been sentenced for a
term of not more than six months. Also
specifically included herein as a Class A
Misdemeanor is the offense of driving while
impaired, if the offender was sentenced
imder punishment level three [G.S. 20-
179(i)], level four [G.S. 20-179(j)], or level
five [G.S. 20-179(k)]. Class "A"
Misdemeanor shall also include acts
committed or omitted in North Carolina prior
to October 1, 1994 in violation of any
common law, duly enacted ordinance or
criminal statute, of this state for which the
maximum punishment allowable for the
designated offense included imprisonment for
a term of not more than six months,
(b) "Class B Misdemeanor" means an act
committed or omitted in violation of any
common law, criminal stamte, or criminal
traffic code of this state which is classified as
a Class B Misdemeanor as set forth in the
"Class B Misdemeanor Manual" as published
by the North Carolina Department of Justice
and shall automatically include any later
amendments and editions of the incorporated
material as provided by G.S. 150B-21.6.
Copies of the publication may be obtained
from the North Carolina Department of
Justice, Post Office Box 629, Raleigh, North
Carolina 27602. There is no cost per manual
at the time of adoption of this Rule. Class B
Misdemeanor also includes any act
committed or omitted in violation of any
common law, duly enacted ordinance, or
criminal statute, or criminal traffic code of
any jurisdiction other than North Carolina,
either civil or military, for which the
maximum punishment allowable for the
designated offense under the laws, statutes,
or ordinances of the jurisdiction in which the
offense occurred includes imprisonment for a
term of more than six months but not more
than two years. Specifically excluded from
this grouping of "Class B Misdemeanor"
criminal offenses for jurisdictions other than
North Carolina, are motor vehicle or traffic
offenses designated as being misdemeanors
under the laws of other jurisdictions with the
following exceptions: Class B Misdemeanor
does expressly include, either first or
subsequent offenses of driving while
impaired if the maximum allowable
punishment is for a term of more than six
1705 NORTH CAROLINA REGISTER March 16, 1998 12:18
TEMPORARY RULES
months but not more than two years, and
driving while license permanently revoked or
permanently suspended. "Class B
Misdemeanor" shall also include acts
committed or omitted in North Carolina prior
to October 1, 1994 in violation of any
common law, duly enacted ordinance, or
criminal statute, of this state for which the
maximum pimishment allowable for the
designated offense included imprisoimient for
a term of more than six months but not more
than two years. Specifically excluded from
the grouping of "Class B misdemeanors"
committed or omitted in North Carolina prior
to October 1, 1994 are motor vehicle or
traffic offenses designated as being
misdemeanors under Chapter 20 (motor
vehicles) of the General Statutes of North
Carolina, with the following exceptions:
"Class B misdemeanors" committed or
omitted in North Carolina prior to October
1, 1994 expressly include, either first or
subsequent offenses of G.S. 20- 138(a) or (b),
G.S. 20-166 (duty to stop in the event of an
accident), G.S. 20-138.1 (impaired driving)
if the defendant was sentenced under
punishment level one [G.S. 20- 179(g)] or
punishment level two [G.S. 20- 179(h)] for
the offense, and shall also include a violation
of G.S. 20-28(b) [driving while license
permanently revoked or suspended]
.
(11) "Felony" means any offense designated a felony by
the laws, statutes, or ordinances of the jurisdiction
in which the offense occurred.
(12) "Dual Certification" means that a justice officer
holds probationary, general, or grandfather
certification rn two or more of the following
positions with the same agency: as both a deputy
sheriff—and—sheriff;—a
—
detention—officer—or
tclccommunicator with the same employing agency.
(a) deputy sheriff:
(b) detention officer:
(c) telecommunicator.
(13) "Detention Officer" means any person performing
responsibilities, either on a full-time, part-time,
permanent or temporary basis, which include but
are not limited to the control, care, and supervision
of any iimiates incarcerated in a county jail or other
confinement facility under the direct supervision
and management of the sheriff. "Detention
Officer" shall also mean the administrator and the
other custodial personnel of district confinement
facilities as defined in G.S. 153A-219.
(14) "Deputy Sheriff" means any person who has been
duly appointed and sworn by the sheriff and who is
authorized to exercise the powers of arrest in
accordance with the laws of North Carolina.
(15) "Telecommunicator" means any person performing
responsibilities, either on a full-time, part-time,
permanent or temporary basis, for communication
functions to include but not limited to receiving
calls or dispatching for emergency and law
enforcement services.
H5^(\6) "Commission" as it pertains to criminal offenses
shall mean a finding by the North Carolina
Sheriffs' Education and Training Standards
Commission or an administrative body, pursuant to
the provisions of Chapter 150B of the North
Carolina General Statutes, that a person performed
the acts necessary to satisfy the elements of a
specified criminal offense.
f+6)£17} "Sworn Law Enforcement Position" means a
position with a criminal justice agency of the
United States, any state, or a political subdivision
of any state which, by law, has general power of
arrest held by a person who has successfully
completed the North Carolina Basic Law
Enforcement Training Course.
History Note: Filed as a Temporary Amendment Eff.
October 1, 1994 for a period of 180 days or until the
permanent rule becomes effective whichever is sooner;
Authority G.S. 17E-7;
Eff. January 1. 1989;
Amended Eff. January 1, 1996; March 1, 1995;
January 1, 1994; January 1, 1993;
Temporary Amendment Eff. March 1^ 1998.
SECTION .0200 - ENFORCEMENT RULES
.0206 SUMMARY SUSPENSIONS: OR DENIALS
(a) The Commission may summarily suspend or deny the
certification of a justice officer or instructor when, in the
opinion of the Commission, the public health, safety, or
welfare requires this emergency action of summary
suspension or denial. The Commission has determined that
the following conditions specifically affect the public health,
safety, or welfare and therefore it, by and through the
Director, shall utilize summary suspension or denial
following a full investigation of the matter when:
(1) the applicant for certification or the certified justice
officer has committed or been convicted of a
violation of the criminal code which would require
a f)ermanent revocation or denial of certification; or
(2) the justice officer has failed to comply with the
training requirements of 12 NCAC lOB .0500 and
766607 .0500. .0600. and .1300: or
(3) the certified justice—officer deputy sheriff or
detention officer fails to satisfactorily complete the
minimum in-service training requirements as
prescribed in 12 NCAC lOB .2100.
(b) Without limiting the application of Chapter 17E of the
12:18 NORTH CAROLINA REGISTER March 16, 1998 1706
TEMPORARY RULES
General Statutes of North Carolina, a person who has had his
or her certification summarily suspended or denied may not
exercise the authority or perform the duties of a justice
officer during the period of suspension or denial.
History Note: Authority G.S. 17E-8; 17E-9; 150B-3(c);
Eff. January 1, 1992:
Ameruled Eff. January 1. 1993:
Temporary' Amendment Eff. March L. 1998.
SECTION .0300 - MINIMUM STANDARDS FOR
EMPLOYMENT AND CERTIHCATION AS A
JUSTICE OFFICER
.0304 MEDICAL EXAMINATION
(a) Each applicant shall complete the Commission's
Medical History Statement Form (F-1) and shall be examined
by a physician or surgeon licensed in North Carolina to help
determine his/her fitness in carrying out the physical
requirements of the position of deputy she riff or detention
office r , justice officer. The examining physician shall read
the F-2A form attached to the Medical Examination Report
Form (F-2) prior to beginning the examination. The
examining physician shall record the results of the
examination on the Medical Examination Report Form (F-2)
and sign and date the form. The F-2 form shall be valid one
year from the date the Medical Examination was completed
and signed by the physician. The physical examination shall
be conducted and the Medical Examination Report Form
(F-2) and the Medical History Statement Form (F-1) shall be
completed prior to whichever of the following occurs first;
(1) the applicant's beginning the Detention Officer
Certification Course : Course, the Telecommuni-cator
Certification Course, or the Basic Law
Enforcement Training Course; or
(2) the applicant's applying to the Commission for
certification.
(b) Although not presently required by these Rules, it is
recommended by the Commission that each candidate for the
position of justice officer be examined by a licensed
psychiatrist or clinical psychologist, or be administered a
psychological evaluation test battery, to determine his/her
suitability to perform the essential job functions of a justice
officer.
History Note: Authority G.S. 17E-7:
Eff. January 1. 1989:
Amended Eff. January 1. 1996; January 1, 1993:
January 1. 1991: January 1. 1990:
Temporary Amendment Eff. March L. 1998.
SECTION .0400 - CERTIHCATION OF JUSTICE
OFFICERS
.0401 CERTinCATION OF PERSONNTL
(a) Even,- person performing the duties of a deput\' sheriff
or a detention officer as defined in 12 NCAC lOB .0103 (13)
and (14), except those certified pursuant to 12 NCAC lOD
.0407, 12 NCAC lOB .0407; and every person performing
the duties of a telecommunicator as defmed in 12 NCAC lOB
0103(15) and who is under the direct supervision and control
of the Sheriff, shall meet the certification requirements of this
Subchapter.
(b) Every person performing the duties of a
telecommunicator as defmed in 12 NCAC lOB .0103(15) who
is not under the direct supervision and control of the Sheriff-may
be appointed to the Division by the employing entity for
purposes of obtaining certification; and if so appointed, shall
meet the requirements of this Subchapter.
History Note: Authority G.S. 17E-4; 17E-7;
Eff. January 1. 1989;
Amended Eff. February 1, 1998; January 1, 1996;
January 1, 1993; January 1, 1991;
Temporary' Amendment Eff. March 1. 1998.
.0402 PROBATIONARY CERTIFICATION
All justice officers, except those transferred or reinstated
pursuant to Rule .0406 shall serve a probationary certification
period of one year; provided that the one year probationary
period has not been extended for cause pursuant to 12 NCAC
lOB .0303(c); .0503(a); or .06Q2(a). .06Q2(a) ot .1303(a).
For certification as a deputy sheriff the probationary period
begins on the date the officer took the Oath of Office. For
certification as a detention office r , officer or telecommuni-cator.
the probationary period begins on the date the office r
person was appointed as a detention office r , appointed.
History Note; Authority G.S. 17E-4; 17E-7;
Eff. January 1. 1989;
Amended Eff. January 1, 1996; January 1, 1994;
January 1, 1991;
Temporary' Amendment Eff. March 1^ 1998.
.0403 PROBATIONARY CERTIFICATION
REQUIREMENT
(a) For cenification as a justice officer, deputy sheriff or
detention—office r , a Report of Appointment Deputy
Sheriff/Detention Officer (Form r-4) (Form F-4T) must be
submitted to the Division. Report of Appointment forms
must be submitted to the Division by the sher iff's office
appointing agency no later than 10 days after the deputy
sheriff has taken the Oath of Office Office, or the detention
officer or the telecommunicator has been appointed. The
Division shall forward the justice officer's certification to the
appointing agency. Office.
(b) No justice office r deput>' sheriff ot detention officer
probationary cenification wttt shall be issued by the Division
prior to the applicant meeting the conditions set forth in this
Paragraph. As an additional requirement for probationary
certification, the applicant shall meet the following
requirements:
(1) If the applicant for probationary certification is
authorized to carry a firearm pursuant to the
7707 NORTH CAROLINA REGISTER March 16, 1998 12:18
TEMPORARY RULES
provisions of 12 NCAC lOB .2104, the employing
agency shall submit evidence of satisfactory
completion of the employing agency's in-service
firearms training and requalification program
pursuant to 12 NCAC lOB .2000 and .2100; or
(2) If the applicant for probationary certification is not
authorized to carry a firearm pursuant to the
provisions of 12 NCAC lOB .2104, the employing
agency shall notify the Division, in writing, that the
applicant is not authorized to carry a firearm.
History Note: Authority G.S. 17E-4; 17E-7:
Ejf. January 1. 1989;
Amended Eff. February 1. 1998, January 1. 1996;
January 1, 1994; January 1, 1991;
Temporary Amendment Eff. March L_ 1998.
.0406 LATERAL TRANSFER/REINSTATEMENTS
(a) An officer meeting the requirements of 12 NCAC 108
.0103(9) may laterally transfer to an agency and be certified
upon compliance with this Rule.
(b) The employing agency shall verify the applicant's
certification status with the Division prior to submission of
the application for certification as a justice officer.
(c) In order for an officer to be certified pursuant to this
Rule, the employing agency shall submit to the Division,
along with the Report of Appointment (F-4), the following
documents:
(1) fingerprint cards and criminal history records
checks as specified in 12 NCAC lOB .0303;
(2) the applicant's Medical History Statement (F-1) and
Medical Examination Report (F-2) as specified in
12 NCAC lOB .0304;
(3) evidence of a negative result on a drug screen
administered according to the specifications as
outlined in 12 NCAC lOB .0301(6);
(4) a copy of the Oath of Office for applicants
requesting certification as a deputy sheriff;
(5) evidence of satisfactory completion of the
employing agency's in-service firearms training and
requalification program pursuant to 12 NCAC lOB
.2000 and .2100;
(6) documentary evidence of high school, college or
university graduation to the employing agency.
graduation. Documentary evidence consists of
diplomas from recognized public schools or
approved prtvatc high schools, colleges or
universities which meet approval guidelines of the
North Carolina Department of Public Instruction or
a comparable out of state agency; agency, or
documentary Documentary evidence of the
attainment of satisfactory scores on any military
high school equivalency examination will be
acceptable as evidence of high school school
graduation if verified by a true copy of the
veteran's DD214.
(d) An officer whose certification has been suspended
pursuant to 12 NCAC lOB .0204(b)(1) may have that
certification reinstated provided that:
(1) the period of suspension has been one year or less;
and
(2) the officer has successfully completed the basic
training requirements as prescribed in 12 NCAC
lOB .0500 or 706607 .0600 or .1300.
(e) Requirements of Paragraph (c) of this Rule are waived
for officers whose certifications are reinstated pursuant to
Paragraph (d) of this Rule.
(f) All information maintained pursuant to the
requirements of this Rule shall be subject to all state and
federal laws governing confidentiality.
History Note: Authority G.S. 17E-4; 17E-7;
Eff. January 1, 1989;
Amended Eff. January 1, 1994; January 1, 1993;
January 1, 1992; July 1. 1990;
Temporary' Amendment Eff. March 7^ 1998.
.0407 CERTIFICATION OF FORMER SHERIFF
(a) The Division shall issue a General Certification to any
person as either a deputy sheriff sheriff, or a detention officer
officer, or telecommunicator who has previously served as an
elected or appointed sheriff, if the person:
(1) applies to the Commission within one year of
ceasing to serve as an elected or appointed sheriff;
and
(2) has served as an elected or appointed sheriff for a
minimum of eight years; and
(3) left the office of sheriff in good standing.
(b) In order for an officer to be certified under this Rule
.0407, there must be:
(1) compliance with the Report of Appointment form
requirement of Rule .0403;
(2) submitted to the Division, a copy of the Oath of
Office for applicants requesting certification as a
deputy sheriff; and
(3) submitted to the Division verification that the
applicant meets the requirement of this Rule
.0407(a)(2).
History Note: Authority G.S. 17E-4; 17E-7;
Eff. January 1, 1991;
Amended Eff. January 1, 1996;
Temporary Amendment Eff. March L. 1998.
.0408 VERIFICATION OF RECORDS TO DIVISION
(a) Prior to the probationary certification of each justice
officer, for the purpose of verifying compliance with these
Rules, the employing agency shall submit to the Division,
along with the Report of Appointment (F-4), copies of the
following documents:
(1) verification of the applicant's compliance with the
educational requirement pursuant to 12 NCAC lOB
12:18 NORTH CAROLINA REGISTER March 16, 1998 1708
TEMPORARY RULES
.0302(a);
(2) certified copy of the applicant's Oath of Office, if
applying for certification as a deputy sheriff;
(3) the applicant's Medical History Statement (F-1);
(4) the applicant's Medical Examination Report (F-2
and F-2A);
(5) the applicant's notarized Personal History
Statement (F-3);
(6) a summary of the applicant's backgroimd
investigation;
(7) documentation of negative results on a drug screen
pursuant to 12 NCAC lOB .0301(6);
(8) certified copies of criminal charges and dispositions
as required in 12 NCAC lOB .0305(e) and (f); and
(9) verification of the applicant's compliance with the
probationary certification requirements pursuant to
12 NCAC IQD .04Q3(b). 12 NCAC lOB .0403(b).
if the applicant is a deputy sheriff ot a detention
officer.
(b) Compliance with this Rule is waived, with the
exception of the requirements of 12 NCAC lOB .0408(a)(9),
for officers applying for dual certification as defined in 12
NCAC lOB .0103(12) provided that;
(1) the officer holds a valid certification as either a
deputy sheriff sheriff, or detention offteer officer.
or telecommunicator with the employing agency
requesting dual certification; and
(2) the officer has not had a break in service since
initial certification with the employing agency
requesting dual certification.
(c) All information maintained pursuant to the
requirements of this Rule shall be subject to all state and
federal laws governing confidentiality.
History Note: Authority G.S. 17E-4; 17E-7;
Eff. January 1. 1989;
Recodified from 12 NCAC lOB .0407 Eff. January 1, 1991;
Amended Eff. January 1, 1996; January 1, 1994;
January 1. 1993; January 1. 1992;
Temporar,' Amendment Eff. March L. 1998.
.0409 EMPLOYING AGENCY RETENTION OF
CERTinCATION RECORDS
(a) Each employing agency shall place in the appropriate
justice officer's personnel file the official notification of
either probationar)' or general certification. Such files shall
be available for examination at any reasonable time by
representatives of the Commission for the purpose of
verifying compliance with these Rules. Each personnel file
shall also contain:
(1) a copy of the applicant's Report of Appointment
(F-4);'
(2) verification of the applicant's compliance with the
educational requirement pursuant to 12 NCAC lOB
.0302(a);
(3) a certitled copy of the applicant's Oath of Office, if
applying for certification as a deputy sheriff;
(4) the results of the applicant's fingerprint records
check and the criminal history records check;
(5) the applicant's Medical History Statement (F-1);
(6) the applicant's Medical Examination Report (F-2
and F-2A);
(7) the applicant's Personal History Statement (F-3);
(8) a summary of the applicant's backgrotmd
investigation;
(9) a copy of a commission-approved Firearms
Requalification Record Fuim, Form for deputy
sheriffs and detention officers who have been
authorized to carry a weapon;
(10) documentation of negative results on drug screen
pursuant to 12 NCAC lOB .0301(a)(6); and
(11) verification of the applicant's compliance with the
probationary certification requirements pursuant to
12 NCAC lOB .0403(b).
(b) Compliance with this Rule is waived, with the
exception of the requirements of 12 NCAC lOB .0409(11),
for officers applying for dual certification as defined in 12
NCAC lOB .0103(12) provided that:
(1) the officer holds a valid certification as either a
deputy sheriff sheriff, or detention officer officer.
or telecommunicator with the employing agency
requesting dual certification; and
(2) the officer has not had a break in service since
initial certification with the employing agency
requesting dual certification.
(c) All information maintained pursuant to the
requirements of this Rule shall be subject to all state and
federal laws governing confidentiality.
History Note: Authority G.S. 17E-4;
Eff. January 1. 1989;
Recodified from 12 NCAC lOB .0408 Eff. January 1, 1991;
Amended Eff. January 1, 1996; January 1, 1994;
January 1, 1993; January 1. 1991;
Temporar,' Amendment Eff. March L. 1998.
SECTION .0700 - MINIMUM STANDARDS FOR
JUSTICE OFFICER SCHOOLS AND TRAINING
PROGRAMS OR COURSES OF INSTRUCTION
.0701 PURPOSE
This Section establishes the minimum standards for the
schools from which justice officers she riffs' office pe rsonnel
shall receive training. These Rules wiii serve to define the
areas of responsibility for the instimtions and personnel
associated with and responsible for the delivery of said
training programs.
History Note; Authority G. S. 1 7E-4;
Eff. January 1. 1989;
Amended Eff. February 7, 1998;
Temporar\- Amendment Eff. March L. 1998.
.0702 ADMINISTRATION OF JUSTICE OFFICER
1709 NORTH CAROLINA REGISTER March 16, 1998 12:18
TEMPORARY RULES
SCHOOLS
The rules covering the administration of Criminal Justice
Schools and training programs or courses of instruction,
codified as Title 12, Subchapter 9B, Section .0200 of the
North Carolina Administrative Code, effective and previously
adopted by the North Carolina Criminal Justice Education
And Training Standards Commission are hereby incorporated
by reference and shall automatically include any later
amendments and editions of the incorporated material to apply
to actions of the North Carolina Sheriffs' Education and
Training Standards Commission with the exception of the
Detention Officer Certification Course. Course and the
Telecommunicator Certification Course. Copies of the
incorporated materials may be obtained at no cost from the
Criminal Justice Standards Division, North Carolina
Department of Justice, Sam L Ervin. Jr. Justice Building at
114 Edenton Street. 1 West Morgan Street, Post Office
Drawer 149, Raleigh, North Carolina 27602.
History Note: Authority G.S. 17E-4;
Eff. January 1, 1989;
Amended Eff. January 1, 1996; January 1, 1990;
Temporary Amendment Eff. March L. 1998.
SECTION .1100 - SHERIFFS', DEPUTY SHERIFFS'
AND DETENTION OFFICERS' SERVICE AWARD
PROGRAM
subscribe to the Law Enforcement Code of Ethics.
(3) Also, employees of a North Carolina Sheriff's
Office who have previously held certification, but
are presently, by virtue of promotion or transfer,
serving in positions not subject to certification are
eligible to participate in the service award program.
Eligibility for this exception requires continuous
employment with a sheriff's office from the date of
promotion or transfer from a certified position to
the date of application for a service award as
certified in writing by the Sheriff,
(b) Only experience as a certified member of a law
enforcement agency or experience as an elected or appointed
sheriff shall be acceptable for consideration.
History Note: Authority G.S. 17E-4;
Eff. January 1. 1989;
Amended Eff. February 1, 1998; January 1, 1990;
Temporary Amendment Eff. March 1. 1998.
. 1 103 INTERMEDIATE SERVICE AWARD
In addition to the qualifications set forth in Rule .1102 an
applicant must have served a minimum of 15 years as an
elected or appointed Sheriff or a certified deputy sheriff or
detention officer to receive an intermediate service award.
justice office r .—Years of se rvice as an elected or appointed
sheriff arc also applicable.
.1101 PURPOSE
In order to recognize She riffs'—and Justice—Officers'
Sheriffs', deputy sheriffs' and detention officers' loyal and
competent service to a particular sheriff's office, and also to
the State of North Carolina, the Commission establishes the
Sheriffs' and Justice Office rs' Sheriffs', deputy sheriffs' and
detention officers' Service Award Program. This program is
a method by which dedicated officers may receive local,
state-wide and nation-wide recognition for their loyal and
competent law enforcement service.
History Note: Authority G.S. 17E-4;
Eff. January 1. 1989;
Amended Eff. February 1, 1998; January 1, 1992;
Temporary Amendment Eff. March L. 1998.
.1102 GENERAL PROVISIONS
(a) In order to be eligible for one or more of the service
awards, a Justice Officer Deputy Sheriff. Detention Officer.
or Sheriff shall first meet the following preliminary
qualifications:
(1) Be an elected or appointed sheriff or be a justice
officer deputy sheriff or detention officer that holds
a valid general or grandfather certification. An
officer serving under a probationary certification is
not eligible for consideration.
(2) The Sheriff or justice officer deputy sheriff or
detention officer shall be familiar with and
History Note: Authority G.S. 17E-4;
Eff. January 1. 1989;
Amended Eff. January 1, 1992; January 1, 1990;
Temporary Amendment Eff. March 1^ 1998.
. 1 104 ADVANCED SERVICE AWARD
In addition to the qualifications set forth in Rule .1102 an
applicant must have served a minimum of 20 years as an
elected or appointed Sheriff a certified deputy sheriff or
detention officer to receive an advanced service award.
justice officer .—Years of service as an elected or appointed
sheriff arc also applicable.
History Note: Authority G.S. 17E-4;
Eff. January 1, 1989;
Amended Eff. January 1, 1992; January 1, 1990;
Temporary Amendment Eff. March 1^ 1998.
SECTION .1300 - MINIMUM STANDARDS OF
TRAINING FOR TELECOMMUNICATORS
.1301 PURPOSE
This Section establishes the current minimum standards by
which telecommunicators shall receive telecommunicator
certification training.
History Note: Authority G.S. 17E-4(a);
Temporary Adoption Eff. March L. 1998.
12:18 NORTH CAROLINA REGISTER March 16, 1998 1710
TEMPORARY RULES
.1302 TELECOMMUNICATOR CERTIFICATION
COURSE
(a) The Commission hereby accredits as its telecommuni-cator
certification training program, the 40-hour Telecom-municator
Certification Course developed by the North
Carolina Justice Academy.
(b) Instructors for the Telecommunicator Certification
Course shall be certified as General Instructors by the
Criminal Justice Education and Training Standards
Commission. The use of guest participants in a delivery of
the Telecommunicator Certification Course is permissible.
However, such guest participants are subject to the direct on-site
supervision of the primary instructor and must be
authorized by the school director. In addition, such guest
participants may only be used to complement the primarv
certified instructor and shall in no way replace the primary
instructor.
(c) Institutions wishing to deliver the Telecommunicator
Certification Course must designate a school director for the
Course.
(d) Institutions mav offer to deliver the Telecommunicator
Certification Course after the Commission has approved the
institution's pre-delivery report documenting who will be
teaching the blocks of instruction for each course offering.
History Note: Authority G.S. 17E-4(a);
Temporary Adoption Eff. March L^ 1998.
.1303 TEVIE REQ/COMPLETION/
TELECOMMUNICATOR CERTIFICATION
COURSE
(a) Each telecommunicator holding temporarv or
probationary certification shall satisfactorily complete a
commission-accredited Telecommunicator Certification
Course. The telecommunicator shall complete such course
within one year from the date of his/her appointment. Any
telecommunicator who does not comply with this Rule or
other training provisions of this Chapter shall not be
authorized to exercise the powers of a telecommunicator. If.
however, a telecommunicator has enrolled in a
commission-accredited Telecommunicator Certification
Course that concludes later than the end -of the
telecommunicator' s probationary period, the Commission
may extend the probationary period for a period not to exceed
six months.
(b) Persons having completed a commission-accredited
Telecommunicator Certificafion Course and not having been
duly appointed and certified in a telecommunicator position as
defined in \2 NCAC lOB .0103(15) within one year of
completion of tlie Telecommunicator Certification Course
shall complete a subsequent commission-accredited
Telecommunicator Certification Course in its entirety and
pass the State Comprehensive Examination within the 12
month probationary period as prescribed in 12 NCAC lOB
.0402. unless the Director determines that a delay in applying
for certification was due to an act of God or simple
negligence ojq the part of tlie applicant or employing agency.
in which case the Director may accept a
commission-accredited Telecommunicator Certification
Course which is over one year old. Such extension of the one
year period shall not exceed 30 days from the expiration date
of a commission-accredited Telecommunicator Certification
Course.
History Note: Authority G.S. I7E-4: 17E-7;
Temporary Adoption Eff. March L. 1998.
.1304 EVALUATION FOR TRAINING WAIVER
(a) Applicants for certification with prior
telecommunicating experience shall have been employed and
certified in a telecommunicator position ija order to be
considered for training evaluation under this Rule.
(b) Persons who separated from a telecommunicator
position during their probationary period after having
completed a commission-accredited Telecommunicator
Certification Course and who have been separated from a
telecommunicator position for one vear or less shall serve the
remainder of tfie initial probationarv period, but need not
complete an additional training program.
(c) Persons who separated from a telecommunicator
position during their probationarv period without having
completed a commission-accredited Telecommunicator
Certification Course, or whose certification was suspended
pursuant to U NCAC lOB .0204(b>(l). and who have
remained separated or suspended for over one vear shall
complete a commission-accredited Telecommunicator
Certification Course in its entirety and pass the State
Comprehensive Examination, and shall be allowed a 12
month probationary period as prescribed in 12 NCAC 108
.1303(a).
(d) Persons previously holding Grandfather telecommuni-cator
certification in accordance with G.S. 17E-7(cl) who
have been separated from a telecommunicator position for
more than one year shall be required to complete a
commission-accredited Telecommunicator Certification
Course in its entirety and pass the State Comprehensive
Examination within the 12 month probationary period as
prescribed in 12 NCAC lOB .1303(a).
History Note: Authority G.S. 17E-4; 17E-7;
Temporary Adoption Eff. March L. 1998.
SECTION .2000 - IN-SERVICE TRAINING FOR
JUSTICE OFEICERS
.2002 TOPICAL AREAS
The following topical area(5) arc hereby established as
minimum topics to be—included in the Justice Officers'
In-Service Training Program:
Hi Firearms Training and Rcqualification.
The Firearms Training and Rcqualification for deputy
sheriffs and detention officers shall be included in tlie Justice
Officers' In-Service Training Program.
1711 NORTH CAROLINA REGISTER March 16, 1998 12:18
TEMPORARY RULES
History Note: Authority G.S. 17E-4; 17E-7;
Eff. January 1, 1989:
Amended Eff. January 1, 1990;
Temporary Amendment Eff. March 1. 1998.
SECTION .2100 - DEPUTY SHERIFFS' AND
DETENTION OFFICERS' FIREARMS IN-SERVICE
TRAINING REQUALinCATION PROGRAM
.2101 SHERIFF RESPONSIBILITIES
The Department head sheriff is responsible for ensuring
shall ensure that the Justice Officers' deputy sheriffs' and
detention officers' In-Service Firearms Training and
Requalification Program is conducted according to minimum
specifications as oudined in 12 NCAC lOB .2103 and .2104.
In addition, the Department head : sheriff:
(1) shall maintain copies of each course of fire adopted
for use by his department and shall make those
courses available for review by the Commission's
representative upon request; and
(2) shall maintain in each officer's personnel file a
copy of a commission-approved Firearms
Requalification Record Form which verifies that the
officer did, or did not, successfully complete the
minimum annual in-service firearms training
requirement; and
(3) may, where the officer fails to successfully qualify
with any of the weapons specified in 12 NCAC lOB
.2104 prohibit access or possession of such weapon
while on duty or when acting in the discharge of
that agency's official duties and may deny the
officer authorization to carry such weapons
concealed when off-duty, except when the officer is
on his/her own premises; and
(4) shall report to the Division once each calendar year
a roster of all justice officers deputy sheriffs and
detention officers who fail to successfully complete
the annual in-service firearms training and
qualification and shall certify that all justice officers
deputy sheriffs and detention officers required to
qualify pursuant to 12 NCAC lOB .2104 who are
not listed did successfully complete the training.
This roster shall reflect the annual in-service
firearms training and qualification status of all
justice—office r s deputy sheriffs and detention
officers employed by the agency as of December
31st of each calendar year and shall be received by
the Division no later than the following January
15th; and
(5) shall report to the Division not later than January
15th of each calendar year a list of those justice
officers deputy sheriffs and detention officers
employed by the agency who are not authorized by
the sheriff to carry a weapon; and
(6) may ensure that once each year all officers receive
a review of departmental policies regarding the use
of force. It is recommended by the Commission
that all officers be tested on departmental policies.
History Note: Authority G.S. 17E-4; 17E-7:
Eff. January 1, 1989;
Amended Eff. January I. 1995; January 1. 1993;
Temporary Amendment Eff. March L_ 1998.
.2102 INSTRUCTORS
The following requirements and responsibilities are hereby
established for instructors who conduct the Justice Officers'
Deputy Sheriffs' and Detention Officers' In-Service Firearms
Training and Requalification Program:
(1) The instructor shall hold "Specific Instructor
Certification-Firearms" issued by the North
Carolina Criminal Justice Education and Training
Standards Commission;
(2) The instructor shall deliver the training consistent
with the minimum specifications as established by
12 NCAC lOB .2103 and .2104; and shall be
present at all times during which said training is
being conducted to personally provide all
supervision, classroom training, range training, and
scoring for certification purposes;
(3) The instructor shall document the successful or
unsuccessful completion of training for each officer
on a commission-approved Firearms
Requalification Record Form and forward such
form to each officer's department head; sheriff;
(4) The instructor shall submit to the agency head
sheriff copies of all courses of fire used for
qualification of justice office rs deputy sheriffs and
detention officers in compliance with 12 NCAC
lOB .2101(1).
History Note: Authority G.S. 17E-4; 17E-7;
Eff. January 1, 1989;
Amended Eff. January 1, 1995; January 1, 1993;
January 1, 1991;
Temporary Amendment Eff. March 1^ 1998.
.2104 IN-SERVICE FIREARMS
REQUALIFICATION SPECIFICATIONS
(a)' All justice officers deputy sheriffs and detention
officers who are authorized by the sheriff to carry a handgun
shall qualify a minimum of once each year with their
individual and department-approved service handgun. The
course of fire shall not be less stringent than the "Basic Law
Enforcement Training Course" requirements for firearms
qualification.
(b) All justice office rs deputy sheriffs and detention
officers who are issued, or otherwise authorized by the sheriff
to carry a shotgun, rifle, or automatic weapon shall be
required to qualify with each weapon respectively a minimum
of once each year.
(c) Qualifications conducted pursuant to Paragraphs (a)
12:18 NORTH CAROLINA REGISTER March 16, 1998 1712
TEMPORARY RULES
and (b) of this Rule shall be completed with duty equipment
and duty ammunition or duty-type ammunition meeting the
specifications of the duty ammunition as to type projectile,
weight and velocity.
(d) All justice office rs deputy sheriffs and detention
officers who are authorized by the sheriff to carry off duty
handguns shall qualify with their off duty handgun a
minimum of once each year pursuant to 12 NCAC lOB .2103
and .2104(a) and (b) with each handgun the officer carries off
duty using ammunition approved by the sheriff.
(e) All justice office rs deputy sheriffs and detention
officers who are issued or have access to any weapons not
stated in this Rule must qualify with these weapons once each
year using ammunition approved by the sheriff.
(0 In cases where reduced-sized targets are used to
simulate actual distances, a modified course of fire may be
used.
(g) To satisfy the minimum training requirements for all
in-service firearms requalifications, a justice office r deputy
sheriff or detention officer shall attain a minimum
qualification score of 70 percent accuracy with each weapon
once in three attempts with no more than three attempts on
each course of fire per day.
(h) The "In-Service Firearms Qualification Manual" as
published by the North Carolina Justice Academy is hereby
incorporated by reference, and shall automatically include any
later amendments or editions of the referenced materials to
apply as a minimum guide for conducting the annual
in-service firearms qualification. Copies of the publication
may be obtained from the North Carolina Justice Academy.
Post Office Drawer 99, Salemburg, North Carolina 28385.
There is no cost per manual at the time of adoption of this
Rule.
History Note: Authority G.S. 17E-4; I7E-7;
Eff. January 1, 1989;
Amended Ejf. January 1, 1994; January 1, 1993;
January 1, 1992; January 1. 1991;
Temporary Amendment Eff. March 1. 1998.
.2105 FAILURE TO QUALIFY
(a) Justice office rs Deputy sheriffs and detention officers
who fail to qualify pursuant to Rule .2104 shall immediately
surrender their weapons to the sheriff, upon his request, and
shall have 30 days in which to obtain the qualification score
required in 12 NCAC lOB .2104.
(b) Failure to qualify within the time period allowed in 12
NCAC lOB .2105(a) wtH shaU result in the summary
suspension of the justice office r 's deputy sheriff's or detention
officer's certification by the Commission.
(c) No justice officer deputy sheriff or detention officer
summarily suspended under Paragraph (b) of this Rule and in
compliance with 12 NCAC lOB .0206(a)(3) may work as a
certified justice officer until;
(1) the sheriff forwards to the Commission
documentary evidence verifying that the officer has
complied with the requirements of 12 NCAC lOB
.2103 and .2104; and
(2) the justice office r deputy sheriff or detention officer
and the sheriff receive from the Commission
documentation that the Commission has terminated
the suspension and reinstated the certification to the
justice office r , deputy sheriff or detention officer.
(d) Any justice office r deputy sheriff or detention officer
previously imauthorized to carry a weapon but whose status
changed to "authorized to carry a weapon," must comply with
the provisions set out in 12 NCAC lOB .2103 and .2104; and
may not carry a firearm until;
(1) the sheriff forwards to the Commission
documentary evidence verifying that the officer has
complied with the requirements of 12 NCAC lOB
.2103 and .2104; and
(2) the justice office r deputy sheriff or detention officer
and the sheriff receive from the Commission
documentation that the Commission has amended
the officer's status to "authorized to carry a
weapon" and all certification files reflect the same.
History Note: Authority G.S. 17E-4; 17E-7;
Eff. January 1, 1989;
Amended Eff. March 1, 1995; January 1, 1995;
January 1, 1993; January 1, 1990;
Temporary Amendment Eff. March L. 1998.
TITLE 15A - DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
Rule-making Agency: Commission for Health Services
Rule Citation: 15A NCAC 18A .1720(c) (2) (L)
Effective Date: March 1, 1998
Findings Reviewed by Beecher R. Gray: Approved
Authority for the rule-making
130A-230; 130A-235; 130A-236;
: G.S. 95-225; 130A-5(3);
130A-248; 130A-257
Reason for Proposed Action: Tfie current rule contains a
requirement for wells constructed after July 1, 1993 to be
located at least 50 feet from building foundations. Other
administrative rules within DENR allow wells serving single-family
residences to be located as close as 25 feet from
building foundations. Unless the rule is amended, the welfare
offoster children will be unnecessarily jeopardized because of
the current requirements being overly stringent, resulting in
the denial of licenses for foster homes during a period of
critical shortages offoster homes across North Carolina. The
amendment will not endanger the health of children placed in
homes with wells 25 feet from building foundations.
Comment Procedures: Comments may be made to Malcolm
1713 NORTH CAROLINA REGISTER March 16, 1998 12:18
TEMPORARY RULES
Blalock, P.O. Box 29596, Raleigh, NC 27626-0596 or by e-mail
at Malcolm_Blalock@mail.ehnr. stale. nc. us.
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18A - SANITATION
SECTION .1700 - PROTECTION OF WATER
SUPPLIES
.1720 WATER SUPPLIES
(a) A water supply for which requirements are established
in this Subchapter shall be from a community water supply
regulated pursuant to 15A NCAC 18C or from a supply
located, constructed, maintained, and operated in accordance
with this Section.
(b) The requirements found in Rules .1720(c) through
.1728 of this Section shall not apply to community water
supplies.
(c) The following setback requirements shall apply:
(1) A well shall not be located in an area having a
propensity for flooding. Areas which have a
propensity for flooding include those with concave
slope, alluvial or colluvial soils, gullies,
depressions or drainage ways.
(2) A well constructed on or after July 1, 1993 shall be
located at a minimum horizontal distance from:
(A) Septic tank or nitrification field; 100 ft.
(B) Other subsurface ground absorption waste
disposal; 100 ft.
(C) Industrial or municipal sludge spreading or
wastewater irrigation site; 100 ft.
(D) Watertight sewage or liquid-waste collection
or transfer facility; 50 ft.
(E) Other sewage or liquid-waste collection or
transfer facility; 100 ft.
(F) Animal feedlot or manure pile; 100 ft.
(G) Fertilizer, pesticide, herbicide or other
chemical storage area; 100 ft.
(H) Non-hazardous waste storage, treatment or
disposal lagoon; 100 ft.
(I) Sanitary landfill; 500 ft.
(J) Other non-hazardous solid waste landfill; 100
ft.
(K) Animal barn; 100 ft.
(L) Building foundation; 50 ft.
£11 for a facility other than a Family
Foster Home or a Therapeutic Home
for children and Adolescents; 50 ft.
tii} for a Family Foster Home or a
Therapeutic Home for Children and
Adolescents; 25 fr
(M) Surface water body; 50 ft.
(N) Chemical or petroleum fuel underground
storage tank regulated under 15A NCAC 2N:
(i) with secondary contaiimient; 50 ft.
(ii) without secondary containment; 100
ft.
(O) Any other source of groundwater
contamination. 100 ft.
(3) For a well constructed prior to July 1, 1993, the
minimum horizontal distances specified in Parts
(c)(2)(A), (B),(D), and (L) of this Rule shall be
reduced to no less than the following:
(A) Septic tank or nitrification field; 50 ft.
(B) Other subsurface ground absorption waste
disposal system; 50 ft.
(C) Water-tight sewage or liquid-waste collection
or transfer facility; 25 ft.
(D) Building foundation; 25 ft.
(4) A well constructed prior to July 1, 1993 serving an
establishment regulated under 15A NCAC ISA in
operation prior to July 1, 1993 shall be required to
meet only the following minimum horizontal
distance requirements:
(A) Septic tank or nitrification field; 50 ft.
(B) Other subsurface ground absorption waste
disposal system; 50 ft.
(5) An owner, licensee or permittee shall not place or
have placed a new source of contamination within
the minimum horizontal distances in Subparagraphs
(c)(l)-(4) of this Rule.
(6) If different minimum horizontal distances
requirements are set by the Division of
Environmental Management pursuant to 15A
NCAC 2C .0118 and .0119, those minimum
horizontal distance requirements shall be used. The
owner, licensee or permittees shall provide a
written copy of the adjusted minimum horizontal
distance requirements from the Division of
Environmental Management to the local health
department.
History Note: Authority G.S. 95-225; 130A-5(3j; 130A-230;
I30A-235: 130A-236: 130A-248; 130A-257;
Eff. September 1, 1990;
Amended Eff. May 1, 1996; July 1, 1993;
Temporary Amendment Eff. March 1. 1998.
TITLE 21 - OCCUPATIONAL LICENSING BOARDS
CHAPTER 3 - NORTH CAROLINA BOARD OF
ATHLETIC TRAINER EXAMINERS
Rule-making Agency: North Carolina Board of Athletic
Trainer Examiners
Rule Citation: 21 NCAC 3 .0101 - .0103, .0201, .0301 -
.0304, .0401
Effective Date: March 16, 1998
12:18 NORTH CAROLINA REGISTER March 16, 1998 1714
TEMPORARY RULES
Findings Reviewed and Approved by: Julian Mann III
Authority for the rule-making: G.S. 90-523; 90-525; 90-
528 through 90-530; 90-532 through 90-534; 90-536.
Reason for Proposed Action: The 1997 Session of the
General Assembly enacted SB 660 (S.L. 1998-387)
establishing an Occupational Licensing Board for Athletic
Trainers.
Comment Procedures: Written comments should be sent to
Jennie Dorsett, NC Board of Athletic Trainer Examiners, PO
Box 10769. Raleigh. NC 27605.
SECTION .0100 - LICENSURE
.0101 APPLICATION FOR LICENSURE
(a) An application for licensure shall be completed on the
forms provided by the Board and shall include:
(1) Proof of having passed the examination
administered by the National Athletic Trainers'
Association Board of Certification. Inc.. by
enclosing a copy of the certification card.
£2} Evidence of good moral character.
(3) A copy of the diploma from a college or university
in Sports Medicine or Athletic Training or a
transcript showing the following courses of study or
substantially similar courses of study: Human
Anatomy . Human Physiology.
Kinesiology /Biomechanics. Psychology. Exercise
Physiology. Prevention of Athletic Injuries.
Evaluation of Athletic Injuries. First Aid and
Emergency Care. Therapeutic Modalities.
Therapeutic Exercise. Personal Community Health.
Nutrition and Administration of -\thletic Training
Programs.
(b) The license issuance fee shall accompany the
application.
History Note; Authority' G.S. 90-525; 90-528; 90-529;
90-530;
Temporary Adoption Elf. March 16. 1998.
.0102 GOOD MORAL CHARACTER
Evidence of good moral character shall be shown by two
affidavits from persons not related to the applicant.
History Note: Authority G.S. 90-525; 90-528; 90-529;
90-530;
Temporary Adoption Eff. March 16. 1998.
.0103 ATHLETIC TRAINERS NOT CERTIFIED
Proof of practice in the State shall be shown by an
employer verification on a form provided by the Board.
History Note; Authority G.S. 90-525; 90-530;
Temporan,- .Adoption Eff. March 16. 1998.
SECTION .0200 - FEES
.0201 FEES
The following fees are payable to the Board by cash, check
or money order:
License Issuance Fee SIOO.OO
License Renewal Fee $ 50.00
Reinstatement of Lapsed License Fee $ 75.00
Duplicate License Fee $ 10.00
History Note: Authority G.S. 90-525:90-534;
Temporary .Adoption Eff. March 16. 1998.
SECTION .0300 - RENEWAL OF LICENSE
.0301 RENEWAL REQUEST FORM
Requests for license renewal shall be submitted on the form
provided by the Board.
History Note: Authority' G.S. 90-525; 90-532;
Temporary' Adoption Eff. March 16. 1998.
.0302 CONTINUING EDUCATION
(a) Continuing education courses appropriate for license
renewal are those in one or more of the following content
areas: Human Anatomy. Human Physiology.
Kinesiology /Biomechanics. Psychology. Exercise Physiology.
Prevention of Athletic Injuries. Evaluation of Athletic
Injuries. First Aid and Emergency Care. Therapeutic
Modalities. Therapeutic Exercise. Personal Community
Health. Nutrition, and Administration of Athletic Training
Programs.
(b) A licensee shall complete 80 contact hours of
continuing education during a three-year license renewal
period. Contact hours are defined as the number of actual
clock hours spent. One semester hour of credit is equivalent
to K) contact hours.
(c) Licensed athletic trainers who fail to document
sufficient appropriate continuing education to renew their
licenses shall be notified in writing of the deficiency and shall
be allowed 45 days to respond. Continuing education cannot
be undertaken during this period to supplement the
deficiency. The licenses of athletic trainers who fail to
respond within the 45 -day period, or who are unable to
provide sufficient continuing education shall lapse and be
subject to the lapsed license requirements.
History Note: Authority G.S. 90-525; 90-533;
Temporary Adoption Eff. March 16. 1998.
.0303 LAPSED LICENSE
(a) The lapsed license may be renewed within a period of
five years after expiration upon payment of the lapsed license
fee and the completion of 25 contact hours of continuing
education for each year that the license has lapsed.
(b) A license that has lapsed for more than five years shall
be renewed upon payment of the lapsed license fee and the
77/5 NORTH CAROLINA REGISTER March 16, 1998 12:18
TEMPORARY RULES
completion of 28 hours of continuing education for each year
that the license has lapsed.
History Note: Authority G.S. 90-525; 90-532;
Temporar\' Adoption Eff. March 16. 1998.
.0304 BOARD APPROVAL OF COURSES
The Board shall approve any of the following programs or
courses:
( 1) Those provided by a college or university
authorized to grant degrees.
(2) Those sponsored b^i the North Carolina Athletic
Trainers' Association.
(3) Those that the Board is satisfied meet the
requirement of G.S. 90-533.
History Note: Authority G.S. 90-525; 90-533;
Temporar,' Adoption Eff. March 16. 1998.
SECTION .0400 - DISCIPLINARY PROCEDURES
.0401 DISCIPLINARY ACTIONS
Board disciplinary actions may include the following:
(1) Reprimand. Reprimand is a public rebuke for
misconduct as an athletic trainer.
(2) Restriction. Restriction is a stay of suspension or
revocation allowing limited practice within
conditions stipulated by the Board.
(3) Suspension. Suspension is the withdrawal of the
privilege to practice for a specified time.
(4) Revocation. Revocation is the withdrawal of the
privilege to practice as a licensed athletic trainer in
the State of North Carolina.
History Note: Authority G.S. 90-525; 90-536;
Temporary Adoption Eff. March 16. 1998.
CHAPTER 3 - NORTH CAROLINA BOARD OF
ATHLETIC TRAINER EXAMINERS
Rule-making Agency: North Carolina Board of Athletic
Trainer Examiners/NC Medical Board Committee
Rule Citation: 21 NCAC 3 .0501
Effective Date: April 1, 1998
Findings Reviewed and Approved by: Julian Mann III
Authority for the rule-making: G.S. 90-523; 90-525; 90-
528 through 90-530; 90-532 through 90-534; 90-536.
Reason for Proposed Action: The 1997 Session of the
General Assembly enacted SB 660 (S.L. 1998-387)
establishing an Occupational Licensing Board for Athletic
Trainers.
Comment Procedures: Written comments should be sent to
Jennie Dorsett. NC Board of Athletic Trainer Examiners, PO
Box 10769. Raleigh, NC 27605.
SECTION .0500 - ATHLETIC TRAINER PROTOCOL
.0501 MINIMUM REQUIREMENTS
The practice protocol for each athletic trainer pursuant to
G.S. 90-523(1) shall be individualized to accommodate the
skills of the athletic trainer and the collaborating physician.
and shall be consistent with the third or succeeding editions of
The Role Delineation Study of the National Athletic Trainers
Board of Certification. Inc.. published for the National
Athletic Trainers Association Board of Certification. Inc..
incorporated herein by reference. All or portions of The Role
Delineation Study of the National Athletic Trainers Board of
Certification. Inc. may be incorporated by reference into the
written protocol of an athletic trainer submitted to the North
Carolina Medical Board pursuant to G.S. 90-523(1). The
Athletic Trainer and the physician shall sign and file a
statement with the North Carolina Medical Board agreeing to
abide by the protocol. Copies of The Role Delineation Study
of the National Athletic Trainers Board of Certification. Inc..
may be obtained from the publisher at cost. The address of
the publisher may be obtained from the North Carolina Board
of Athletic Trainer Examiners.
History Note: Authority G.S. 90-523; 90-525;
Temporary' Adoption Eff. April 1. 1998.
12:18 NORTH CAROLINA REGISTER March 16, 1998 1716
RULES REVIEW COMMISSION
1 his Section comairis the agenda for the next meeting of the Rules Review Commission on Thursday. March 19. 1998.
10:00 a.m.. at 1307 Glenwood Ave., Assembly Room. Raleigh. NC. Anyone wishing to submit written comment on any
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual
Commissioners b\ Monday. March 16, 1998. at 5:00 p.m. Specific instructions and addresses may be obtainedfrom the
Rules Review Commission at 919-733-2721. Anyone wishing to address the Commission should notify' the RRC staff and
the agency at least 24 hours prior to the meeting.
RULES REVIEW COMMISSION MEMBERS
Appointed by Senate
Teresa L. Smallwood, Vice Chairman
Jim Funderburke
Vemice B. Howard
Philip 0. Redwine
David Twiddy
Appointed by House
Paul Powell, Chairman
Anita White, 2"'' Vice Chairman
Mark Garside
Steve Rader
George Robinson
RULES REVIEW COMMISSION MEETING DATES
March 19, 1998
April 15, 1998
May 21, 1998
Jtme 18, 1998
July 16, 1998
August 20, 1998
MEETING DATE: MARCH 19, 1998
LOG OF FILINGS
RULES SUBMITTED: JANUARY 20, 1998 THROUGH FEBRUARY 20, 1998
AGENCY/DIVISION RLILE NAME RULE CITATION ACTION
CULTURAL RESOURCES/NC HISTORICAL CONCVUSSION
Overview 7 NCAC 4R .0909 Adopt
Definitions 7 NCAC 4R .0910 Adopt
Introduction 7 NCAC4R .0911 Adopt
Certifications 7 NCAC 4R .0912 Adopt
Standards 7 NCAC 4R .0913 Adopt
Certifications of Rehabilitation 7 NCAC 4R .0914 Adopt
Certifications of Rehabilitation 7 NCAC 4R .0915 Adopt
DHHS/CHILD CARE COMMISSION
Defmitions 10 NCAC 3U .0102 Amend
Inspections 10 NCAC 3U .0201 Amend
Centers Subject to Licensure 10 NCAC 3U .0202 Repeal
Changes Requiring Issuance 10 NCAC 3U .0204 Amend
Parental Access 10 NCAC 3U .0205 Amend
Capacity of the Center 10 NCAC 3U .0206 Amend
School-Age Children 10 NCAC 3U .0207 Repeal
Pre-Licensing Requirements 10 NCAC 3U .0301 Amend
Application for a License 10 NCAC 3U .0302 Amend
Renewal of a License 10 NCAC 3U .0303 Repeal
On-Going Requirements 10 NCAC 3U .0304 Adopt
Provisional Licenses 10 NCAC 3U .0401 Amend
1717 NORTH CAROLINA REGISTER March 16, 1998 12:18
RULES REVIEW COMMISSION
Temporary Licenses 10 NCAC 3U .0403 Amend
Developmental Day Centers 10 NCAC 3U .0505 Amend
Written Schedules 10 NCAC 3U .0506 Repeal
Activity Plan 10 NCAC 3U .0507 Repeal
Activity Schedules 10 NCAC 3U .0508 Amend
Activities 10 NCAC 3U .0509 Amend
Activity Areas 10 NCAC 3U .0510 Amend
Activities for Children 10 NCAC 3U .0511 Amend
Condition of Indoor Equipment 10 NCAC 3U .0602 Amend
General Safety Requirements 10 NCAC 3U .0604 Amend
Condition of Outdoor Play Equipment 10 NCAC 3U .0605 Adopt
Health Standards 10 NCAC 3U .0701 Amend
Standards for Substitutes 10 NCAC 3U .0702 Amend
General Statutory Requirements 10 NCAC 3U .0703 Amend
Preservice Requirements 10 NCAC 3U .0704 Amend
Special Training Requirements 10 NCAC 3U .0705 Amend
In-Service Training 10 NCAC 3U .0707 Amend
Meeting In-Service Requirements 10 NCAC 3U .0708 Amend
Documentation 10 NCAC 3U .0709 Amend
Preservice Requirements 10 NCAC 3U .0710 Amend
Preservice Requirements 10 NCAC 3U .0711 Amend
Staff/Child Ratios 10 NCAC 3U .0712 Amend
Staff/Child Ratios 10 NCAC 3U .0713 Amend
Other Staffing Requirements 10 NCAC 3U .0714 Amend
Emergency Medical Care 10 NCAC 3U .0802 Amend
Administering Medication 10 NCAC 3U .0803 Amend
Infectious and Contagious Diseases 10 NCAC 3U .0804 Amend
Clothing 10 NCAC 3U .0806 Amend
General Nutrition 10 NCAC 3U .0901 Amend
General Nutrition 10 NCAC 3U .0902 Amend
Seat Restraints 10 NCAC 3U .1001 Amend
Safe Vehicles 10 NCAC 3U .1002 Amend
Safe Procedures 10 NCAC 3U .1003 Amend
Staff/Child Ratios 10 NCAC 3U .1004 Amend
Building Code Requirements 10 NCAC 3U .1301 Amend
Building Code Requirements 10 NCAC 3U .1302 Amend
Building Code Requirements 10 NCAC 3U .1303 Amend
Requirements for Child Care Centers 10 NCAC 3U .1304 Adopt
Indoor Space 10 NCAC 3U .1401 Amend
General Provisions 10 NCAC 3U .1701 Amend
Application 10 NCAC 3U .1702 Amend
Renewal of Registration 10 NCAC 3U .1703 Repeal
Health and Training 10 NCAC 3U .1705 Amend
Failure to Maintain Requirements 10 NCAC 3U .1716 Amend
Health Requirements 10 NCAC 3U .1717 Repeal
Requirements 10 NCAC 3U .1718 Adopt
Requirements 10 NCAC 3U .1719 Adopt
Safety and Sanitation Requirements 10 NCAC 3U .1720 Adopt
Requirements for Records 10 NCAC 3U .1721 Adopt
Discipline Policy 10 NCAC 3U .1722 Adopt
Transportation Requirements 10 NCAC 3U .1723 Adopt
General Safety Requirements 10 NCAC 3U .2506 Amend
Staff Qualifications 10 NCAC 3U .2510 Amend
Scope 10 NCAC 3U .2601 Repeal
General Provisions 10 NCAC 3U .2602 Repeal
Licensing Process 10 NCAC 3U .2603 Repeal
12:18 NORTH CAROLINA REGISTER March 16, 1998 1718
RULES REVIEW COMMISSION
License Renewal Process 10 NCAC 3U .2604 Repeal
Maintaining Compliance 10 NCAC 3U .2605 Repeal
Staff Requirements 10 NCAC 3U .2606 Repeal
Staff/Child Ratios 10 NCAC 3U .2607 Repeal
Age Appropriate Activities 10 NCAC 3U .2608 Repeal
Other Caregiving Requirements 10 NCAC 3U .2609 Repeal
Health Requirements 10 NCAC 3U .2610 Repeal
Physical Facility 10 NCAC 3U .2611 Repeal
Transportation Requirements 10 NCAC 3U .2612 Repeal
DHHS/VOCATIONAL REHABILITATION
Eligibility and Ineligibility 10 NCAC 20C .0201 Amend
Processing Referrals 10 NCAC 20C .0202 Amend
Applicant Notification 10 NCAC 20C .0203 Amend
Applicability 10 NCAC 20C .0601 Amend
Priority Categories 10 NCAC 20C .0603 Amend
Procedures 10 NCAC 20C .0604 Amend
Case Finding 10 NCAC 20C .0606 Amend
INSURANCE/NC HUE AND RESCUE COMMISSION
Definitions 11 NCAC 5C .0101 Adopt
Membership Cancellation 11 NCAC5C .0102 Adopt
Roster of Covered Individuals 11 NCAC 5C .0103 Adopt
INSURANCE/NC HOME INSPECTOR LICENSURE BOARD
Definitions 11 NCAC 8 .1301 Adopt
Renewal of Active License 11 NCAC 8 .1302 Adopt
Inactive License 11 NCAC 8 .1303 Adopt
Course Requirements 11 NCAC 8 .1304 Adopt
Attendance Requirements 11 NCAC 8 .1305 Adopt
Extensions of Time 11 NCAC 8 .1306 Adopt
Denial or Withdrawal 11 NCAC 8. 1307 Adopt
Duties of Licensees 11 NCAC 8 .1308 Adopt
DEPARTMENT OF INSURANCE
Manuscript 11 NCAC 10 .0105 Amend
Definitions 11 NCAC UB .0601 Repeal
Administration 11 NCAC UB .0602 Repeal
Excess Insurance Policies 11 NCAC IIB .0603 Repeal
Reports 11 NCAC IIB .0604 Repeal
Deposits or Surety Bonds 11 NCAC IIB .0605 Repeal
Securities Withdrawal 11 NCAC IIB .0606 Repeal
Application 11 NCAC IIB .0607 Repeal
Deposits: Bonds: 11 NCAC IIB .0608 Repeal
Reports 11 NCAC IIB .0609 Repeal
Application 11 NCAC IIB .0610 Repeal
Deposits: Bonds: 11 NCAC IIB .0611 Repeal
Repons 11 NCAC IIB .0612 Repeal
Group Responsibilities 11 NCAC UB .0613 Repeal
Admission and Termination 11 NCAC UB .0614 Repeal
Payment of Dividends U NCAC UB .0615 Repeal
Insolvency U NCAC UB .0616 Repeal
Group Assessments U NCAC UB .0617 Repeal
Dividends to Policyholders U NCAC UC .0108 Repeal
Dividends to Stockholders U NCAC UC .0109 Repeal
Maintenance of Records U NCAC 19 .0002 Amend
Complaint Records U NCAC 19 .0003 Amend
1719 NORTH CAROLINA REGISTER March 16, 1998 12:18
RULES REVIEW COMMISSION
Policy Records 11 NCAC 19 .C)004 Amend
Records Required 11 NCAC 19 .0006 Amend
JUSTICE/NC PRIVATE PROTECTIVE SERVICES BOARD
Definitions 12 NCAC 7D . 0104 Amend
Application for Licenses 12 NCAC 7D . 0201 Amend
Determination of Experience 12 NCAC 7D . 0204 Amend
Polygraph Instruments 12 NCAC 7D . 0504 Amend
Application for Unarmed Reg. 12 NCAC 7D . 0701 Amend
Application for Armed Registration 12 NCAC 7D . 0801 Amend
Application for Firearm Trainer Cert. 12 NCAC 7D . 0902 Amend
Time Limits 12 NCAC 7D . 1106 Amend
JUSTICE/SHERIFFS' EDUCATION AND I RAINING STANDARDS COMMISSION
Definitions 12 NCAC lOB .0103 Amend
Medical Examination 12 NCAC lOB .0304 Amend
Certification of Personnel 12 NCAC lOB .0401 Amend
Probationary Certification 12 NCAC lOB .0402 Amend
Probationary Certification Req. 12 NCAC lOB .0403 Amend
Lateral Transfer 12 NCAC lOB .0406 Amend
Certification of Former Sheriff 12 NCAC lOB .0407 Amend
Verification of Records 12 NCAC lOB .0408 Amend
Employing Agency Retention 12 NCAC lOB .0409 Amend
Purpose 12 NCAC lOB .0701 Amend
Administration of Justice 12 NCAC lOB .0702 Amend
Purpose 12 NCAC lOB .1101 Amend
General Provisions 12 NCAC lOB .1102 Amend
Intermediate Service Award 12 NCAC lOB .1103 Amend
Advanced Service Award